Sinclair Refining Co. v. Miller

1 Citing case

  1. Fleming Companies, Inc. v. Thriftway Medford Lakes, Inc.

    913 F. Supp. 837 (D.N.J. 1995)   Cited 49 times
    Holding that "the implied duty of good faith and fair dealing does not operate to alter the clear terms of an agreement and may not be invoked to preclude a party from exercising its express rights under such an agreement"

    Specific performance of a contract, fair when made, will not necessarily be denied because it has become a hard bargain through subsequent events and changed conditions, and it would be error to refuse to grant a decree of specific performance in the absence of circumstances indicating fraud or bad faith. Id. (citing 49 Am.Jur., Specific Performance, ยง 49); see also Sinclair Refining Co. v. Miller, 106 F. Supp. 881, 885-886 (D.Neb. 1952). This Court concludes that there is no unconscionability here.