Findlay College to continue Felch as a member of the faculty and to pay him the salary agreed upon. Is Felch entitled to specific performance? Explain.
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Felch was employed as a member of the faculty of Findlay College under a contract that permitted dismissal only for cause. He was dismissed by action of the President and Board of Trustees, which did not comply with a contractual provision for dismissal that requires a hearing. Felch requested the court to grant specific performance of the contract and require Findlay College to continue Felch as a member of the faculty and to pay him the salary agreed upon. Is Felch entitled to specific performance? Explain. |
Explanation
The specific performance is granted under the restatement law if there is a case of property and real estate or of extraordinary personal services.
In this case, Individual F is terminated from the services by the higher authorities of the college. If the authorities have sufficient proof to show the negligence of Individual F, the court then is not going to entertain the arguments of Individual F. Special performance is not going to be granted because Individual F is rendering general services, and not special services, to the college.
Verified Answer
Individual F is not going to be eligible for special performance under the contract because it is not applicable under the restatement law, in case of personal services.
