Goldberg v. Kirschstein

The action is to compel specific performance of a copartnership contract, and to enjoin the defendant from forming any other copartnership; or, in case specific performance cannot be had, for damages caused by the alleged breach of the contract.

As a defense the defendant pleads “ that the plaintiff has an adequate remedy at law for damages against this defendant, who is financially solvent and able to respond in damages for the "breach of any contract to which he_ is a party, and that said plaintiff cannot maintain this action in equity by reason of such facts.” To this the plaintiff demurs…