265 Mass. 578 | Mass. | 1929
This is a bill in which the plaintiffs seek to establish the amount due them under a contract entered into with the defendants Grow, Conley and Stoneman, relating to the construction of a country club in Weston, and to reach and apply in payment certain property of the defendants alleged to have been conveyed in fraud of creditors. The three defendants named are now the only parties defendant.
A cross bill was filed alleging breaches of the contract by the plaintiffs resulting in damages which the defendants
As a general rule when a bill is brought in good faith to obtain equitable relief to which, upon the allegations if proved, the plaintiff would be entitled, if it appears upon the hearing that the relief cannot be granted but that the plaintiff has suffered damage, the bill may in the discretion of the court be retained for the assessment of damages. Case v. Minot, 158 Mass. 577, 588. Newburyport Institution for Savings v. Puffer, 201 Mass. 41, 47. Perry v. Pye, 215 Mass. 403, 415. Baker v. Langley, 247 Mass. 127, 132. E. Kronman, Inc. v. Bunn Bros. Inc. 258 Mass. 562, 567.
By answering to the merits, the defence of adequacy of remedy at law may be waived. Ryan v. Annelin, 228 Mass. 591. O’Connor v. Slachetka, 237 Mass. 228, 229. In the
The bill of complaint was filed February 8, 1924, and the cross bill August 1, 1924. In the title to the cross bill the words “to amended bill” written in ink were inserted. At the end of the cross bill in parenthesis appears the statement
The defendants in the case at bar, having fully submitted themselves to the jurisdiction of the equity court, have lost the right, if any they had, to urge that the bill should be dismissed because the plaintiffs had a full, adequate and complete remedy at law.
Decree affirmed with costs.