In some cases, however, the party who is not in default has been permitted to continue performance and to recover the contract price.1 One who has agreed to manufacture and to deliver goods,2 or to construct a building,3 has been permitted to continue performance after renunciation by the adversary party, and to recover the contract price.4

As in the case of breach generally, some courts have permitted the party who is not in default to continue performance after renunciation by the adversary party if the case is one in which specific performance could have been had in equity.5 While the tendency toward specific relief probably does justice far more frequently than not, while this is in one sense a return to the earlier theory of relief,6 there are certain risks which attach to the granting of specific performance in an action at law which is tried to a jury,7 and the protection which equity gives against unfair dealing, and the requirement of a high degree of proof which equity imposes,8 are lacking when relief is given in this way.