Nature of the Case
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Facts
D entered into an agreement with P for the right to operate concessions at Lewis and Clark Caverns State Park in return for payment to the State of 10 percent of the gross receipts from the concessions. P agreed to construct certain permanent improvements on the premises, including buildings, booths and storerooms, a water system, and possibly a mountain railroad. All such improvements were to become the property of the Park Commission upon construction and were to be leased to concessionaires. The agreement had a life of 25 years, and concessionaires had an option to renew. P built a mountain railroad which D took over in 1950 by a supplemental agreement. Ps were to get a percentage of the railroad fare from D. In 1970, P exercised their option to renew the amended agreement for an additional 25 years. In 1973 a large gear broke in the cable car hoist and was not replaced by D. In 1976 the Commission refused to spend more money on the mountain railroad and discontinued its use. The track was removed, and a gravel pathway was constructed from the concession area to the cavern entrance. Park visitors have used the pathway since that time. Ps sued alleging breach of contract and praying for relief in the form of damages and specific performance. The court found that Ds had breached the contract. Because the court found the determination of damages a speculative and inadequate remedy, it ordered specific performance of the contract whereby Ds must provide and maintain a workable mountain railroad and tramway system. This appeal resulted.
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