Specific Performance in Mississippi

In Mississippi, specific performance is an equitable remedy available in breach of contract actions.  The remedy is one of equity and is awarded in Chancery Court.  In the Mississippi Supreme Court case of Lee v. Coahoma Opportunities, Inc., the Supreme Court held that  “A claim for specific performance as a remedy for breach of contract is within the equity jurisdiction of the chancery court.  485 So.2d 293, 294-95 (Miss.1986).  Specific performance is commonly awarded in controversies involving real estate sales.  For instance, if the seller in a sales contract fails to do or not to do something, and refuses to sell the property, the court could order the seller to sell the property as agreed to in the contract.  Conversely, if the buyer is in breach, he or she could be ordered to purchase the property in accordance with the terms of the contract.

Specific performance as remedy may not be available in other breach of contract actions.  If a party to a contract feels they have been wronged by the other party, they should contact an attorney to for a full understanding of the remedies available.

 

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