83 Md. 36 | Md. | 1896
delivered the opinion of the Court.
The facts and circumstances out of which the controversy on this appeal has arisen are unusual, peculiar and interesting. The demurrer to the appellant’s bill makes it necessary that the facts properly pleaded should be stated with such particularity as to give a clear understanding of the principles of law to be considered and announced. The bill alleges that the appellant was in the month of February, 1890, about to engage in the business of sugar refining in the city of Baltimore, and for the purpose of properly conducting its business, it became necessary to purchase certain steam boilers ; that in carrying on its business,fit employed two of the appellees, Engal and Kraft, as engineers, believing them to be men of integrity and honesty, skilled in the
These are facts, the truth of which the demurrer admits. The ground assigned in support of the demurrer is that a Court of Equity has not jurisdiction of the case made by the bill of complaint. Most learned and exhaustive arguments, both oral and written, have been presented to this Court by the counsel for the respective parties. The question is a narrow one, and relates chiefly to the practice which ought to prevail in Courts of Law and Equity in this State, where both jurisdictions prevail, but it is not always easily ascertainable exactly where the line of demarcation between the two jurisdictions lies. Many nice distinctions are to be found in the decided cases upon the subject, and the solution of the question is not found to be without some difficulty. It is well settled, however, that there are two grounds for the assumption of jurisdiction by Courts of Equity over causes of action that practically furnish an answer to every inquiry in respect to equitable jurisdiction. The first is, when a substantive right is itself of equitable origin ; secondly, where the right is legal, but the legal remedies are inadequate for the protection of the right. Tiedeman on Equity Jurisprudence, sec. 222.
The relief prayed is, that said contracts for the purchase of the eight boilers be declared null and void, and be annulled ; secondly, that the appellee company be required to repay to the appellant the money received under said contracts, and all other money paid to the appellee company by the appellant under said contracts ; thirdly, that the appellee company be enjoined from prosecuting any suit and especially the suit pending in the Superior Court of Baltimore against the appellant based upon said contract, and from asserting in any Court any right against the appellant by reason pf said contract and for general relief. The case is relieved of such difficulty in consequence of the absence of any controversy as to the facts. This con
The bill also charges the material facts stated in the eleventh paragraph of the bill as shown in the eleventh item of the statement of facts hereinbefore set out. At
There are some phases of this controversy of which a Court of Law might take cognizance. But it is not enough that there is a remedy at law; it must be plain and adequate, or in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity. Boyce's Executors v. Grundy, 3 Peters, 215; C. P. R. R. Co. and B. O. R. R. Co. v. Pa. R. R. Co., 57 Md. 271 ; Wagner v. Shank, 59 Md. 325-6. Mr. Pomeroy in his work on Equity Jurisprudence, vol. 1, sec. 176, says: " That in cases where the primary right, interest or estate to be maintained, protected or redressed is a legal one, and a Court of Law can do as complete justice to the matter in controversy, both with respect to the relief granted and to the. modes of procedure by which such relief is conferred, as could be done by a Court of Equity, equity will not interfere even with those peculiar remedies which are administered by it alone, such as injunction, cancellation and the like, much less with those remedies which are
We have weighed with care the allegations contained in the bill and are well satisfied that they are material and if substantiated are such as entitle the appellant to relief. 'For' the reasons assigned the decree of the Court below must be reversed and the cause remanded for further proceedings.
Decree reversed with costs and cause remanded for further proceedings.