54 Tenn. 167 | Tenn. | 1872
delivered the opinion of the Court.
Eli Orndoff, as guardian of the minor heirs of John W. Orndoff, brought two suits in the Circuit
Before any trial or judgment, Sugg Fort & Co. filed their bill of injunction in the Chancery Court at Springfield, and obtained a fiat enjoining the further prosecution of the suits at law. A demurrer was filed to the bill, upon the ground that the allegations therein did not make a case for the jurisdiction of the chancery court, but 'that the defense of the suits at law was clear and unembarrassed. The Chancellor overruled the demurrer and required the defendants to answer.
After the original bill had been answered, Sugg Fort, E. A. Fort, and E. S. Fort filed another bill against Harriet H. Orndoff, Harriet L. Orndoff, and Eli Orndoff, enjoining them from prosecuting a suit commenced in the Circuit Court of Robertson county by Harriet H. Orndoff, as nest friend of Eli and Harriet L. Orndoff, against complainants, for damages done by them to the saw-mill and lands of said Eli and Harriet L., by said Fort’s raising too high a mill-dam across Red River. Defendants demurred to this bill because complainants had a plain and unembarrassed defense at law. This demurrer was over
As to the first bill, he gave defendant Eli Orn-doff, as guardian, a decree for the amount of the four notes, and for the rent of the water privilege as claimed, which, after allowing credits, with interest, amounted to about $1,600, for which he gave a decree against complainants.
From this decree complainants have appealed to this court.
The first question presented is as to the correctness of the decree overruling the demurrer to the first bill. After setting out the facts with much particularity and at great length, complainants sum up their case by stating that the conduct of the defendant in the premises is unconscientions and fraudulent; that their remedy and defenses at law are embarrassed and inadequate; that the writings, particularly the four notes described, should be reformed, so as to set forth properly and fully the agreement of parties; and that they are entitled to a discovery of the various facts charged. The first suit was based on four promissory notes, and the second on a written contract of lease. Complainants allege that they have a good defense to both these suits, but that the remedy at law is embarrassed and inadequate.
It is well settled that general allegations like these furnish no grounds for assuming equitable jurisdiction. The specific facts and circumstances alleged and charged
Assuming all this to be true, we are at a' loss to see what embarrassment there would be in making the defense at law. We know of no rule which would prevent the defendant at law from showing that the real consideration of the notes was the use of the water, as well as the rent of the saw mill. Upon showing this, it would appear that the two last notes giveir
The fact that the plaintiff brought two suits for the same cause of action in the circuit court, furnished no ground for the interference of a court of equity. The rules of pleading at law were amply sufficient to remedy such an evil.
In a trial at law it would have been the duty of the court to construe the contract of August 30, 1862, in connection with the stipulations and provisions of the deeds of H. H. Sugg to L. S. Herring and of L. S. Herring to John W. Orndoff. By the latter of these deeds it was provided that if John W. Orn-doff should fail to keep his half of the dam in good repair, then the owner of the other bank should have the right to notify Orndoff to put his half in good repair, and if he did not do it in a reasonable time the owner of the other bank was at liberty to have the whole dam put in repair, and after he should have had it so repaired he was to have the exclusive privilege of using the water until Orndoff should pay one-half the costs of fixing the 1 dam. By these provisions, in both deeds it was the right of complainants when defendant failed or refused to repair his half of the dam, to proceed at once and have the repairs made, and charge the same to defendant. This course was pursued by the owners of the flouring mill until August 30, 1862, when they contracted with defendant as guardian of Orndoff’s heirs, to lease their water privilege adjoining their saw mill. After this contract of lease -was entered into, complainants, when the dam next to the saw mill got out of repair, notified defendant to repair it, and upon his failing to do so, complainants allowed their mill to
It is therefore apparent that the ascertainment of the damages to which complainants would have been entitled by way of set-off involved a simple question of fact, eminently proper to be ascertained by a jury, and involved in- no embarrassment and complication requiring the interposition of a court of equity.
Upon a view of all the allegations in the bill we are unable to see that there could have been any embarrassment to the complainants in making their defense at law. The circuit court has obtained jurisdiction of the case, and is fully adequate to afford complainants the means of making their defense. That defense as disclosed in the bill, is peculiarly appropriate in a court of law. To sustain the action of the
But upon the overruling of the demurrer, the defendant submitted to answer, and to go to hearing upon the merits, without applying to this Court as he had a right to do. In his answer he denies and repells all the charges in the bill on which the interposition of a court of equity was invoked. After carefully examining the great volume of evidence taken, we are brought to the conclusion that complainants have failed to overturn the denials of the answer. The evidence of damages relied on by complainants has reference mainly to those losses arising from the failure of the mill to grind, which as we have already stated did not establish the direct and immediate dam-' ages growing out of the failure of defendant to perform his part of the contract of lease, which would have been legitimate subjects of set-off. When the breach in the dam occurred in November, 1864, complainant had the right under the deeds to make the necessary repairs at the cost of defendant. They waived this right, and waited nearly a year, when the repairing was done by defendant; but the evidence tends strongly to show that, during all this time, the stage of water in the river continued such that the repairs could not have been made sooner. If they could, complainants had the right to make them. Having failed to do so, the presumption is, either that they could not be made,
We are therefore of opinion that complainants have failed to show that they are entitled to any credit by way of damages on the four notes sued on, or on the rent of the water privilege from the time the last note fell due, and that the only credit to which they are entitled is $100, admitted by defendant in his answer.
The Chancellor arrived at the same conclusion, and decreed accordingly. From this decree complainants have appealed. Defendant being satisfied takes no appeal, and waives the error in overruling his demurrer. As the merits of the case have been reached, we affirm the decree of the Chancellor as to the first bill with costs.
As to the second bill, the Chancellor erred ip overruling the demurrer; but as the defendant was allowed to rely .upon his causes of demurrer in his own answer, and did so, and upon the hearing the Chancellor sustained the demurrer, and dismissed the bill, we affirm the decree, and dismiss the second bill with costs, leaving the parties to their rights and remedies at law.