179 F. 690 | 7th Cir. | 1910
This appeal is from a preliminary injunctional order, granted under the appellee’s bill, filed to enforce specific performance of an alleged contract entered into between the parties for the construction of “dredge ditches” in the appellant drainage district. The order enjoins the appellants both from proceeding to re-advertise or relet contracts for such work, and from interference with-attempted performance on the part of the appellee, by “proceedings to declare a forfeiture” of his contract or other means. It was allowed July 1, 1909, upon hearing of the bill, answer, and voluminous affidavits for and against the application, and the appeal therefrom has not been pressed for hearing until the lapse of a year from the time
The general rule is well settled that contracts of the nature described in the bill are not thus enforceable, for reasons which are elementary in equity. 3 Pomeroy’s Equity Jur. § 1402, p. 2159 ; Pomeroy on Contracts (Spec. Perform.)'§ 23; Fry on Specific Performance, c. 2; Marble Co. v. Ripley, 10 Wall. 339, 350, 19 L. Ed. 955, 7 U. S. Notes, 331, 333. Exceptions to the general rule are recognized in reference to works constructed under grants, franchises and like contracts, where no adequate remedy exists at law and the
For the reason stated, we are of opinion that the bill states no cause for equitable relief, and that it is unnecessary to consider the further contention of adequate remedy at law. The injunctional order of the Circuit Court is reversed accordingly, and the cause remanded, with direction to dismiss the bill for want of equity.