The courts are unlikely to order specific performance for contracts for personal service. In New York v. T eventually refused to sell the machinery; the courts granted specific performance and forced T to sell. In the case of Nutbrown v Thornton (1805) ¸ Nutbrown had entered a contract to purchase machinery from Thornton. 159. 93-1456, p. 60a.The Arkansas Supreme Court affirmed the Circuit Court's decision regarding severability, U. S. Term Limits, Inc. v. Hill, 316 Ark. on writ of certiorari to the united states court of appeals for the fourth circuit [May 24, 2004] Chief Justice Rehnquist delivered the opinion of the Court except as to footnote 4. ch. 135; Nutbrown v. Thornton. However, the defendant breaches the contract and did not deliver the 1 The Circuit Court also held that §3 was severable from the other provisions of the amendment, but that the entire amendment was void under state law for lack of an enacting clause. The meaning of -the inscription on the horn has been ignored. in No. App. 03-5165. for Cert. Nutbrown v Thornton (1804): N had contracted to buy machinery from T, of a type which was not readily available elsewhere. Type of contract. 2 Dorison v, Westbrook, 5 Vin. Thornton was the only manufacturer of this type of machinery which was not readily available elsewhere. bbus9 commercial law bridging contents question question question question references 12 page of 13 question question advertisement can be referenced to the * Moraw Corp. (2d ed.) MARCUS THORNTON, PETITIONER v. UNITED STATES. The defendant, in breach of contract, refused to deliver the machines. 10 Ves. I. • 2 P. Wms. Cohen v Roche [1927] 1 KB 169 Case summary 2. Notes. Perf., part vi. PZWORMANCt, 33, and elsewhere), but the discussion is limited to the equitable question involved. Equity 540, pi. Injunction occurs when the courts stop one party from taking a specific action. Nutbrown v. Thornton, IO Ves. THORNTON V. UNITED STATES 541 U. S. ____ (2004) SUPREME COURT OF THE UNITED STATES NO. Compare the cases: Nutbrown v Thornton (1805) & Cohen v Roche [1927] The courts are unlikely to order specific performance for contracts for Specific performance is most commonly ordered for contracts for the sale of land. Nutbrown v Thornton (1805) 10 Ves 159 The claimant entered a contract to purchase some machinery from the defendant. Thornton refused to sell the machinery, the court granted specific performance and forced Thornton to sell to Nutbrown. The defendant was the only manufacturer of this type of machinery. Harrison, Bunb. The case appears in many of the case books Nutbrown v Thornton (1805) 10 Ves 159 Case summary. 3. Nutbrown v Thornton (1805) 10 Ves 159 Facts: The claimant entered a contract to purchase some machinery from the defendant. to Pet. 22. • See Fry on Spec. The defendant, in breach of contract, refused to deliver the machines. 304. 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