The granting of specific performance is a matter of judicial discretion. The court will not grant specific performance unless the terms of the contract are clear enough to enable a court to fashion an appropriate order. Specific performance will not be granted where there exists and adequate remedy at law. The party seeking specific performance must show an attempt to tender its own full performance, unless such tender would be futile. Contracts for the sale of realty may be specifically enforced.
Maine law allows for specific performance on contracts for personalty, in certain circumstances.
The appellate court found the agreement to be clear on the issue as to whether or not the approval of the Eastern League was a condition precedent. The court found the plain language of the agreement to indicate that the remaining terms of the agreement were not contingent upon the approval of the sale of the Double-A team by the Eastern League. The court has the discretion to grant specific performance or to impose monetary damages. The court also found that the facts of the case bring it well within the rules allowing specific performance. The contractual terms of the agreement were clear and not ambiguous.