This section is from the book "Popular Law Library Vol7 Equity Jurisprudence, Trusts, Equity Pleading", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
It was held in England that there could be specific performance of a contract of partnership for a definite period, but not of a contract of partnership for an indefinite period. In this country specific performance is never decreed in the case of a contract of partnership no matter what its character may be.
Specific performance of a contract for personal services is never decreed. The reason for this rule is very manifest. If the contract has not been made on account of the peculiar skill of the person who is to perform the services, another person can be hired and any financial loss recompensed by a judgment at law for damages.
If the contract was made on account of the personal skill of the party employed, still there can be no ground for interference by a court of equity. Even if equity should decree the specific performance, they would be utterly unable to compel the defendant to exercise the peculiar abilities which were relied upon at the time of the making of the contract.1 In some cases, however, equity will enjoin a person who has contracted to work for one person, from entering the employ of one of his business rivals.