Wemple v. B. F. Goodrich Co.

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

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.