https://www.taxtmi.com/caselaws?id=297130 Specific performance could not be confined under the defective-performance rule because the omitted item formed a substantial part of the contracted property and the bargain was not one capable of being treated as severable. The agreement was for a consolidated sale of both items, so the separable-part principle did not apply. However, the purchaser could at the appellate stage relinquish the deficient item and any compensation claim, and then seek enforcement of the remaining item under the purchaser-protective rule. The modified decree directing conveyance of item 1 was sustained, and the appeal failed. en-us Thu, 25 Jun 1964 00:00:00 +0530 Fri, 20 Aug 2021 17:22:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297130 Specific performance could not be confined under the defective-performance rule because the omitted item formed a substantial part of the contracted property and the bargain was not one capable of being treated as severable. The agreement was for a consolidated sale of both items, so the separable-part principle did not apply. However, the purchaser could at the appellate stage relinquish the deficient item and any compensation claim, and then seek enforcement of the remaining item under the purchaser-protective rule. The modified decree directing conveyance of item 1 was sustained, and the appeal failed. Case-Laws Indian Laws Thu, 25 Jun 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297130