This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
In a proper case for specific performance the remedy will be given against the promisor, or, to the extent of their interests in the property contracted for, against any claiming under him, such as heirs,1 or the widow of the promisor,2 or purchasers with notice,3 as transferees in fraud of the rights of the party who seeks specific performance.4 The remedy cannot be given against bona fide purchasers of the property without notice of the contract,5 whether they acquire their interests by a contract prior to6 or subsequent to7 the contract sought to be enforced specifically. Specific performance may be given in a proper case at the application of the adversary party to the contract or of those claiming under him, such as his heirs8 or his assignee for the benefit of his creditors.9 An execution creditor of a party to a contract who seeks to reach his debtor's interest and enforce the contract specifically cannot enforce the contract unless his debtor could, and hence cannot enforce it where the debtor has failed to perform conditions precedent.10
S80; 54 N. E. 257; Minneapolis, etc, Ry. v. Chisholm, 55 Minn. 374; 67 N. W. 63.
13 Sheldon v. Dunbar, 200 111. 490; 65 N. E. 1095.
1 Mueller v. Nortmann, 116 Wis. 468; 93 N. W. 538.
2 Burdine v. Burdine, 98 Va. 515; 81 Am. St. Rep. 741; 36 S. E. 992.
3 Northern Central Ry. v. Walworth, 193 Pa. St. 207; 74 Am. St. Rep. 683; 44 Atl. 253. (Corporate stock.)
4 Ames v. Witbeck, 179 I11. 458;
53 N. E. 969. (Corporate stock.)
5 Charlton v. Real Estate Co., 64 N. J. Eq. 631; 54 Atl. 444.
6 Flackhamer v. Himes, 24 R. I. 306; 53 Atl. 46.
7 Shields v. Trammell, 19 Ark 51; Ferrier v. Buzick, 2 la. 136.
8 Hadden v. Thompson, 118 Ga. 207; 44 S. E. 1001.
9 Blanton v. Warehouse Co., 120 Fed. 318.
10 Costello v. Friedman, - Ariz. - ; 71 Pac. 935.