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Daily Archives: August 4, 2021

PRIOR DEMAND NOT NECESSARY FOR CAUSE OF ACTION IN SUIT FOR SPECIFIC PERFORMANCE

Prof. Manny Riguera's BlogBy Manny RigueraAugust 4, 20212 Comments

There is a misconception among quite a few lawyers that a prior demand upon the obligor is necessary to confer a cause of action in a suit for specific performance.  Even legal authorities sometimes fall prey to this oversight.  See, for example, the following excerpt from a book on civil procedure: “For instance, if in…

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