48 So. 60 | Ala. | 1908
The appeal in this case is taken from a decree on the demurrer to the bill. The bill is to enforce the specific performance of a contract, and in the alternative, as it is urged in argument, to enjoin the violation of a contract. The contract is for the lease of a storeroom in a proposed building, and by the terms of said lease contract the lessee was to have a certain amount of floor space, of a part of which he complains in his bill he is being deprived of by the respondent, lessor, in tiie manner of- construction of the said building. The question is whether a court of equity will entertain a bill for the enforcement of this contract.
It seems, both on reason and authority, that where the erection of the building requires the exercise of skill, judgment, and discretion a court of equity will not assume jurisdiction for the enforcement of specific performance of a contract in such a case. There can be no doubt that the erection of the building, such as is referred to in the contract in this case, would require the exercise of “special skill, judgment, and discretion,” and would extend over a considerable period of time. The erection of such a building would require the services of the architect, the skilled mechanic, and various workmen and superintendents. Necessarily the distribution and placing of the beams, vents, and air-shafts, component parts of such a building, and the very things of which the bill complains as diminishing the “floor space” contracted for in the lease, are involved in the exercise of the required special skill, judgment, and discretion in the construction of the building. Under the authorities cited above, and on the facts stated in the bill, we are clearly of the opinion that there cannot lie an enforcement of specific performance of the contract in a court of equity.
It is insisted by counsel for appellant that even though the appellant be not entitled to have the contract speci•ficallv performed liv the decree of the court, yet since
It is further insisted that the bill should be retained for the purpose of compensation in damages. The rule is stated as follows in 20 Ency. PI. & Pr. p. 483.: “The power to grant relief by way of compensation exists only as ancillary or incidental to grant specific performance. It is only under special circumstances and upon pecular equities, as, for instance, in cases of fraud, or when a party has disabled himself by matters ex post facto from a specific performance, or when there is no adequate remedy at law, that the court awards pecunia-, ry compensation in lieu of other relief. Where the court has no jurisdiction to decree specific performance, and no other special equity intervenes, the bill cannot be retained for the purpose of awarding damages.”— Sims v. McEwen, 27 Ala. 184; Harrison v. Deramus, 33 Ala. 463; 1 Pom. Eq. 237.
The bill here must depend for its equity upon the doctrine of specific performance, and, as we have seen, under the facts stated, that principle cannot be applied. There is no other special equity shown by the facts that would justify a retention of the bill for the purpose of awarding damages. For this purpose the complainant has a complete and adequate remedy at law.
It follows, from what we have said that the decree must be affirmed.
Affirmed.