Question: 1. If the plaintiff had sued for damages, would the result of the suit have been different? 2. Campbell Soup Company lost this case in
1. If the plaintiff had sued for damages, would the result of the suit have been different?
2. Campbell Soup Company lost this case in its attempt to get equitable relief. May it now sue for money damages?
3. If the contract between Campbell Soup Company and Wentz were not unconscionable, would specific performance of the contract be an appropriate remedy? What is necessary before specific performance will be granted?
4. Why did the court hold the contract to be unconscionable and therefore unenforceable in equity?
Goodrich, Circuit Judge
These are appeals from judgments of the District Court denying equitable relief to the buyer under a contract for the sale of carrots.. The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation,
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