Posted by John Merchant on April 02, 2006 at 20:53:21:
A contract is to be constred as written and if any good can be enforced by either party.
But a buyer can normally walk without much danger of being sued for Spec. Perf. because it’s normally easier to find a new buyer than force the defaulting one to perform.
This rule of thumb is of course not always the case, and if the S of a major office building has a contract to sell to a Fortune 500 company which then opts to default, it might be much more feasible to sue and force that co. to buy than find another buyer.