Wemple v. B. F. Goodrich Co.

Supreme Court of New Jersey

Wemple v. B. F. Goodrich Co.

8 A.2d 326, 126 N.J. Eq. 220, 1939 N.J. LEXIS 596

CourtSupreme Court of New Jersey

DecidedSeptember 22, 1939

StatusPublished

Cited by1 cases

This text of 8 A.2d 326 (Wemple v. B. F. Goodrich Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wemple v. B. F. Goodrich Co., 8 A.2d 326, 126 N.J. Eq. 220, 1939 N.J. LEXIS 596 (N.J. 1939).

Pincite

Opinion

The opinion of the court was delivered by

Bodine, J.

The defendant appeals from a decree directing the specific performance of an agreement bearing date December 20th, 1935, calling for the transfer of certain judgments for a sum certain to be paid as specified. The amount to be paid was less than the face value of the judgments.

Such a contract, if breached, called for money damages only and is not within the jurisdiction of a court of equity to specifically perform. The damages for the breach of such a contract being easily ascertainable and recoverable at law, equitable relief should have been withheld. Curtice Bros. Co. v. Catts, 72 N. J. Eq. 831; Burr v. Bloomsbury, 101 N. J. Eq. 615.

The decree is, therefore, reversed with costs to the end that the bill may be dismissed.

Bor affirmance — None.

For reversal — The Chiee-Justice, Parker, Case, Bodine, Dowges, Heher, Peeskie, Porter, Heteield, Dear, Wells, WolesKeil, Raeeerty, Hague, JJ. 14.

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