Section 23:
Liquidation of damages not a bar to specific performance.
(1) A contract, otherwise proper
to be specifically enforced, may be so enforced, though a sum be named in itas the amount to be paid in
case of its breach and the party in default is willing to pay the same, if the court, having regard to the
terms of the contract and other attending circumstances, is satisfied that the sum was named only for the
purpose of securing performance of the contract and not for the purpose of giving to the party in default
an option of paying money in lieu of specific performance.
(2) When enforcing specific performance under this section, the court shall not also decree payment
of the sum so named in the contract.