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BELL v. SMITH CONCRETE PRODUCTS, INC.

No. 322.

139 S.E.2d 629 (1965)

263 N.C. 389

George C. BELL v. SMITH CONCRETE PRODUCTS, INC., Prestressed Concrete, Inc., Catharine H. Smith, Ralph L. Wooten, John E. Kelly, Mabel E. Hargett, and Margaret B. Marrow, Executrix of the Estate of T. F. Marrow, Jr., Deceased.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff.

LaRoque, Allen & Cheek, Charles Read Vincent and Wallace & Langley, Kinston, for defendant appellees.

RODMAN, Justice.

As a general rule, the remedy for a breach of contract for the sale of personal property is an action at law, where damages are awarded. Rodgers, McCabe & Co. v. Brock, 156 N.C. 401, 72 S.E. 820; 17 A C.J.S. Contracts § 523(1), pp. 1008-1009. To invoke equitable jurisdiction, it must appear that the party injured by the breach can not be adequately compensated by monetary payment. If that be so, specific performance may be decreed. 49 Am...

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