Suppose Smith enters into a contract selling a unique antique chair to Brown for $500. Along comes Jones who was totally unaware of the contract with Brown. Jones offers Smith $800. Note that this is a case in which the subject matter of the contract is unique and the contract is one “to give,” both of these being conditions that most commentators say favor granting of specific performance.

1. 1.1. Should Brown be granted an injunction?

2. 1.2. If Jones gave Smith the $800 and took the chair home with him, should Brown be granted specific performance? What would that entail? Would it require voiding the Jones-Smith transaction? Or would Smith have to buy back the chair from Jones?

3. 1.3. If he were denied specific performance, what would Brown's damage remedy be? How would the market price be measured?

4. 1.4. If specific performance is infeasible after Jones has taken possession, the only circumstances in which the remedy would be feasible would be when Brown learned of a not-yet-executed substitute contract that he could then enjoin. Notice that Brown could have easily gotten a stronger remedy than specific performance by taking title instead of simply entering into a contract.

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