Even in jurisdictions in which lack of mutuality of remedy is treated as a ground for refusing specific performance of a contract, executory on both sides, this rule has no application to contracts in which the provisions which could not be enforced specifically have been performed fully.1 Thus contracts for personal care and attention or personal services cannot usually be enforced specifically. However, when personal care and attention,2 or personal services,3 or services as an attorney,4 have been performed fully specific performance may be given of remaining provisions of the contract.

2 Moayon v. Moayon, - Ky. -; 60 L. R. A. 415; 72 S. W. 33.

3 Blanton v. Warehouse Co., 120 Fed. 318.

4 Whitney v. Hay, 181 U. S. 77.

5 Eckstein v. Downing, 64 N. H. 248: 10 Am. St. Rep. 404; 9 Atl. 626.

6 Eckstein v. Downing. 64 N. H. 248; 10 Am. St. Rep. 404: 9 Atl. 626.

1 Dickson v. Stewart. - Neb. -; 98 N. W. 1085.

2 Stellmacher v. Bruder, 89 Minn. 507; 95 X. W. 324; Svanburg v. Fosseen, 75 Minn. 350; 74 Am. St. Rep. 490; 43 L. R. A. 427; 78 X. W. 4.

3 Thurber v. Meves. 119 Cal. 35; 50 Pac. 1063: 51 Pac. 536.

4 Howard v. Throckmorton. 48 Cal. 482: Ballard v. Carr. 48 Cal. 74: Topeka Water-Supply Co. v. Root. 56 Kan. 187; 42 Pac. 715.