Sinclair Refining Co. v. Miller

1 Citing case

  1. Klein v. Shell Oil Company

    386 F.2d 659 (8th Cir. 1967)   Cited 29 times
    In Klein we stated that in determining the right to a jury trial, the question must be resolved by an appraisal of the underlying issue presented to the court, and not merely by the form of the complaint or the type of relief sought.

    The authorities are unanimous in holding that the remedy of specific performance is purely equitable in nature. Travel Consultants, Inc. v. Travel Management Corp., 367 F.2d 334, 337 (D.C. Cir. 1966), cert. denied, 386 U.S. 912, 87 S.Ct. 861, 17 L.Ed.2d 785 (1967); Sinclair Refining Co. v. Miller, 106 F. Supp. 881, 885 (D.Neb. 1952). See also 5 Moore, Federal Practice ¶ 38.21, at 179 (2d ed. 1966); 2B Barron and Holtzoff, Federal Practice and Procedure § 875.1, at 43-44 (Rules ed. 1961); 49 Am.Jur. Specific Performance § 2 (1943).