1. MCA Contents
  2. TITLE 27
  3. CHAPTER 1
  4. Part 4
  5. 27-1-419 Specific performance of agreement to transfer property -- distinction between real and personal property

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 4. Specific and Preventive Relief

Specific Performance Of Agreement To Transfer Property -- Distinction Between Real And Personal Property

27-1-419. Specific performance of agreement to transfer property -- distinction between real and personal property. It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation and that the breach of an agreement to transfer personal property can be thus relieved.

History: En. Sec. 4413, Civ. C. 1895; re-en. Sec. 6099, Rev. C. 1907; re-en. Sec. 8717, R.C.M. 1921; Cal. Civ. C. Sec. 3387; Field Civ. C. Sec. 1890; re-en. Sec. 8717, R.C.M. 1935; R.C.M. 1947, 17-804.