Is the remedy of specific performance available to schweber

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Schweber contracted to purchase a certain black Rolls-Royce Corniche automobile from Rallye Motors. He made a $3,500 deposit on the car. Rallye later returned his deposit to him and told him that the car was not available. However, Schweber learned that the automobile was available to the dealer and was being sold to another customer. The dealer then offered to sell Schweber a similar car, but with a different interior design. Schweber brought a lawsuit against the dealer to prevent it from selling the Rolls-Royce Corniche to anyone else and to require that it be sold to him. Rallye Motors claimed that he could get only damages and not specific performance. Approximately 100 Rolls-Royce Corniches were being sold each year in the United States, but none of the others would have the specific features and detail of this one. Is the remedy of specific performance available to Schweber?

Reference no: EM131468644

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