Curtice v. Catts

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Curtice v. Catts
Court New Jersey Superior Court
Citation 66 A. 935
Date decided May 4, 1907


Curtice Brothers Co. ("Curtice") was a tomato canning company. Curtice contracted with Mr. Catts to purchase tomatoes on a certain acreage.

The tomato canning season lasted 6 weeks. Curtice prepared extensively (such as securing labor and much more) because they could can 1 million tomato can in that 6 week window.

Catts breached the contract by refusing to supply tomatoes to the canning company Curtice.

Procedural History

Curtice (plaintiff) sued Catts (defendant) for breach of contract.


Can courts ever order specific performance of contracts for the sale of goods?


Yes. Courts can order specific performance of contracts for the sale of goods in some circumstances.


Vice Chancellor Leaming: Specific performance is more common in connection with contracts for the sale of land than contracts for the sale of goods.

In this case, the special circumstance of the short, 6 weeks of tomato canning season made the breach by Catts very unique. Thus, specific performance is an appropriate remedy.


UCC Section 2-716