1631 Second Avenue North, L.L.C. v. Raine

Summary

The Supreme Court of Alabama affirmed summary judgment against a purchaser seeking damages and specific performance pro tanto from sellers who owned only part of the property described in the contract. The court held that the trial court did not commit palpable error in declining to order partial specific performance, considering the potential cotenancy with strangers and other contractual circumstances. The opinion discusses the equitable nature and discretionary availability of specific performance pro tanto.

Holdings

1. Specific performance is not available as a matter of right; its grant depends on equitable consideration of the particular circumstances and rests largely in the trial court's discretion.
2. The trial court may consider the potential creation of a cotenancy between the purchaser and strangers to the transaction when deciding whether to grant specific performance pro tanto.

Questions Presented

1. Whether the trial court committed palpable error by declining to order specific performance pro tanto of the purchaser's contract against the sellers' partial interests in the property.
2. Whether the potential creation of a cotenancy between the purchaser and property owners who were strangers to it could be considered in deciding whether specific performance pro tanto was equitable.

Disposition

affirmed