Massachusetts General Laws

Mass. Gen. Laws ch. 214, § 1A (2026)

Remedy in damages no bar to suit for specific performance of contract

✓ current as of July 2026

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Section 1A. The fact that the plaintiff has a remedy in damages shall not bar an action for specific performance of a contract, other than one for purely personal services, if the court finds that no other existing remedy, or the damages recoverable thereby is in fact the equivalent of the performance promised by the contract relied on by the plaintiff, and the court may order specific performance if it finds such remedy to be practicable. If performance is not ordered, damages may be determined in the proceeding, and if the defendant claims a jury on that issue, the issue shall be framed and referred for jury trial.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1962–2024 · leading case: In Re Pina, 363 B.R. 314 (Bankr. D. Mass. 2007).

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In Re Pina, 363 B.R. 314 (Bankr. D. Mass. 2007). · cites it 2× “§ 101 (4), 13 as well as Mass. Gen. Laws ch. 214, § 1A, 14 stated that money damages are usually an inadequate remedy in the case of the sale of land.”

Roxse Homes, Inc. v. Roxse Homes Ltd. P'ship, 83 B.R. 185 (D. Mass. 1988). “ing that monetary damages are inadequate or inappropriate: The fact that the plaintiff has a remedy in damages shall not bar an action for specific performance of a contract, other than one for purely personal services, if the court finds that no other existing remedy, or the…”

Wood v. Wood, 342 N.E.2d 712 (Mass. 1976). “G. L. c. 214, § 1A. 2. Jurisdiction over the person.”

Cavanagh v. Cavanagh, 598 N.E.2d 677 (Mass. App. Ct. 1992). “G. L. c. 214, § 1A. Lindsay’s complaint, see note 3, supra, included a request for general relief, and a grant of specific performance of the marital agreement to her would not be inconsistent with her action for breach of the marital agreement.”

Grunberg v. Louison, 180 N.E.2d 802 (Mass. 1962). “…equitable relief fails, see Newburyport Inst. for Sav. v. Puffer, 201 Mass. 41, 46-49 , and cases cited. See also G. L. c. 214, § 1A.”

Blum v. Kenyon, 560 N.E.2d 742 (Mass. App. Ct. 1990). “See G. L. c. 214, § 1A. In the Kenyons’ action for declaratory relief there shall be a new judgment in the Probate Court declaring that Blum is entitled to specific performance.”

Glick v. Greenleaf, 403 N.E.2d 947 (Mass. App. Ct. 1980). “The plaintiff’s remedy at law is plain and complete as well as adequate within the meaning of G. L. c. 214, § 1A. Accordingly, the defendant’s motion to dismiss should have been allowed.”

Pires v. Pires, 2011 Mass. App. Div. 23 (Mass. Dist. Ct., App. Div. 2011). · cites it 2× “” G.L.c. 214, §1A. Specific performance is appropriate where, as in this case, an adequate remedy at law is unavailable, and the advantage gained will not be disproportionate to the “practical burdens of enforcement.”

Ellis E. v. Finn F. (Mass. App. Ct. 2019). “214, § 1A ("The fact that the plaintiff has a remedy in damages shall not bar an action for specific performance of a contract, other than one for purely personal services .”

Lyman v. Lanser (Mass. App. Ct. 2024). “See also G. L. c. 214, § 1A (remedy in damages does not bar action for specific performance if damages would not provide equivalent of performance).”

Ashwood Comput. Co., Inc. v. Zumasys, Inc (S.D. Ohio 2024). “(quoting Mass. Gen. Laws ch. 214, § 1A)). At bottom, whether under Ohio30 or Massachusetts31 law, specific performance is a remedy32 and not a separate cause of action.”

Battista v. Moreau, 316 N.E.2d 626 (Mass. App. Ct. 1974). “Not waived were contentions (1) that the plaintiff had an adequate remedy at law and (2) that he had asserted a claim for money damages triable only in an action at law. The fact that a plaintiff has a remedy at law for damages does not necessarily bar a suit in equity for…”

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