Cases—Specific Performance—Think before you send the e-mail

A distributor lost its claim for specific performance against a manufacturer because it had itself announced termination of the agreement by e-mail before bringing suit, according to the First Circuit. The manufacturer and distributor had negotiated an agreement, but trouble developed, and the manufacturer refused to forward a signed copy of the agreement.  The distributor sent an e-mail saying, “It is over.” Judge John R. Gibson (on loan from the Eighth Circuit) found that this had the effect of terminating the contract and that the distributor could no longer claim specific performance. Roger Edwards, LLC v. Fiddes & Sons, Ltd., 2004 U.S. App. LEXIS 22636 (1st Cir. Nov. 1, 2004).