Question

Harlowe purchases a watercolor painting by a prominent local artist and a RecumbentSloth brand recliner from a yard sale. She pays cash for both items, and the seller promises to deliver them next week. Two days later the seller calls Harlowe and says he no longer wants to sell the items and sends Harlowe back her money. If Harlowe sues, will she be able to get the items she bought?

Answer 1

Yes, Harlowe should sue for specific performance of the contract.

Specific performance is a legal remedy in contract law where a civil court orders the breaching party (seller) to perform their part of the contract.

In this case, Harlowe will probably be able to get the painting since it is a unique article, but it will be harder for him to get the chair. He might be able to get the seller to deliver it to him, but since it is a common article, he could find a similar one somewhere else. But that is not the case of the painting, which is not a common article and it cannot be found somewhere else.