A party who consents to orders for specific performance with knowledge of facts giving rise to a right to terminate the contract elects to affirm the contract and cannot subsequently seek to vacate those orders on the basis of those known facts. A party who expressly abandons an argument before the primary judge will not be permitted to raise it on appeal absent the clearest case and most cogent reasons, and a submission that counsel made a 'mistake' falling short of flagrant or gross incompetence is insufficient. The obligation to 'maintain the goodwill of the business' in a contract for sale of a business does not impose a warranty that particular sales figures will be achieved; it requires the vendor to attempt to maintain the value in the business over and above the value of tangible assets.
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