Gilfallan

The plaintiff appeals from a judgment in favor of the defendant, given after sustaining a demurrer to plaintiff’s amended complaint.

The object of the action was to obtain specific performance of a contract whereby the defendant agreed to sell to the plaintiff fifty thousand shares of stock of the Paraffine Oil Company, a corporation. The oil company was made a party to the action, but it did not appear and the judgment runs in favor of M. J. Gilfallan alone.

1. The first point urged by respondent in support of the judgment below is that an action will not lie to enforce specific performance of a contract to sell personal property. It is true, as is declared in section 3387 of the Civil Code, that there is a presumption that the breach of an agreement to transfer personal property can be adequately relieved by pecuniary compensation, and that the general rule is that where adequate pecuniary compensation can be made specific performance will not be enforced and the party will be confined to his remedy at law for damages. But it is well settled in this state that the aforesaid presumption is a disputable one and that where facts are alleged showing that pecuniary compensation…