Can a plaintiff recover both the property itself and the amount of compensation awarded by the Court of Appeal for wrongfully refusing to convey the property?

California, United States of America


The following excerpt is from Rogers v. Davis, 28 Cal.App.4th 1215, 34 Cal.Rptr.2d 716 (Cal. App. 1994):

However, plaintiffs may recover both the property itself, through the remedy of specific performance, and additional compensation, sometimes [28 Cal.App.4th 1221] incorrectly referred to as "damages," when such compensation is necessary to fully vindicate the plaintiffs' contractual rights. (See, e.g., Greenstone v. Claretian Theo. Seminary (1959) 173 Cal.App.2d 21, 29, 343 P.2d 161, in which the plaintiff was awarded such "damages" in the form of rents and profits lost during the time the defendants wrongfully refused to convey the property; 81A C.J.S. Specific Performance, 197, 198, 199.)

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