In an action for breach of contract, district court's holding that the original decision to seek specific performance precluded the non-repudiating party from being able to claim monetary damages is reversed as there is no reason why, as a general matter, a party who initially seeks specific performance cannot later switch his preferred relief to an award of damages in the event that specific performance is rendered impractical or impossible.
Argued: October 27, 2009
Decided: February 3, 2010
Opinion by Circuit Judge Wilkinson
For Appellee: William Richard McCune, Jr.