Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ... If, on the other hand, the plaintiff, at the time of filing his bill, had no equity to have the contract enforced--as where its subject-matter is such that the decree of the Cour would not operate upon it--the Act has no application (/). The exercise It is always matter of discretion with the Court, whether it tion purely w' award damages under the Act, or leave the plaintiff to discretionary, obtain them at Law (/): but there is a growing disinclination to remit a plaintiff to his legal remedies if adequate relief can be given in Equity; and, in appropriate cases falling within the Statute, damages will be awarded, even though not specially asked for by the bill (in); but not after a decree for specific performance has been made, unless a supplemental bill is filed for the purpose (). An inquiry, however, will not be directed where no special injury is alleged and proved (o); or where the injury is too trivial to evoke the interference of the Court (). In such cases the dismissal of the bill is without prejudice to the plaintiff's right to bring an action (q). Even where the Court has power to grant the primary equitable relief, it will not always restrain the plaintiff from suing at Law for damages, if the action and suit, though arising out of the same transaction, are for different objects; as, e. g., where B. failed to perform his contract with A., it was held that A., pending a suit for the cancellation of the bills of exchange which formed the consideration for the contract and for an injunction, might also sue at Law for damages for breach of the contract, which could not have been specifically enforced (?). The right to damages may be Chap. XVIII. forfeited by the plaintiff's own laches (). (i) See Davenport v....