785. Position where specific performance is sought.

Where the representor1 is suing for specific performance of the contract, the jurisdiction being discretionary, less strong evidence will induce the court to give effect to the representee's2 case than if he were claiming rescission3, or were defending himself against a claim to enforce the contract otherwise than specifically4; for in the last two forms of proceeding the relief is such that the contract is avoided, or deemed a nullity, for all purposes; whereas, when specific performance is refused, it is merely a question of denying the party a particular remedy, leaving all others open to him, or of