,
compel the seller to deliver it to him. As government bonds can always
be bought in the open market, a court of equity will not decree the
specific execution of a contract for the delivery of the actual bonds
purchased.

If A has agreed to erect a building for B on his land and fails to do
it, money damages are usually an adequate remedy, but if B cannot find
any one else to do the work as well, or in as satisfactory manner,
then a court of equity would compel A to fulfil his agreement.
Likewise if a landlord has agreed to repair his tenant's premises and
neglects, the legal remedy is usually more satisfactory than a
specific execution of the agreement, because work done under
compulsion is not likely to be as well done as that done voluntarily.

A contract to render personal services will not be enforced against a
person who has agreed to perform them, for several reasons, one is
that another person can be employed, another is that the thirteenth
amendment to the federal constitution, forbidding involuntary
servitude, cuts off the equitable remedy in such cases; of course the
legal remedy for damages is still effective. A contract to give a
mortgage to secure a loan of money may be enforced by the creditor,
but a contract to lend money cannot be enforced by either party,
because there is usually an open market for the lending and borrowing
of money. Likewise a contract to form a partnership cannot be
enforced, for, if it were, the unwilling partner could dissolve it and
thus nullify the action of the court.

Where one sells out his business, whether commercial or professional,
and agrees not to compete with the buyer, equity will compel the
seller to observe his contract unless it was illegal or an
unreasonable restraint on trade. This limitation is important. Thus A,
a dentist in Philadelphia, agreed with B, another dentist, not to
practice in the city for ten years a certain method of extracting
teeth. A continued to practice as before and B applied to a court of
equity to enjoin him. He failed for the reason that no one ought to
have a monopoly, so the court said, in any means or method for
relieving human suffering, like the process in dispute. If an employee
agrees not to divulge the trade secrets of his employer, equity will
enforce the agreement, for damages given in a law court would be
wholly inadequate.

Another class of cases must be mentioned relating to injuries to land.
By the common law the only