This section contains the nature of the case and procedural background.

Curtice (P) is engaged in the business of canning tomatoes and seeks specific performance of a contract wherein Catts (D) agreed to sell P the entire product of certain land planted with tomatoes. P's factory had a capacity of one million cans of tomatoes. The packing season lasts about six weeks. The contract in question was made with the logistics of canning one million cans within the six-week period. A refusal to deliver under a contract made under these conditions will result in irreparable injury to P. Specific performance was issued. D contested the power of the court to grant specific performance.

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