Logan v. Flattau

Bergen, Y. O.

This application for a preliminary injunction restraining a suit at law is based upon the claim that the subject-matter of the action at law has been under the consideration of this court, and the same issues determined against the defendant. If this be true the complainant is entitled to the relief sought. Putnam v. Clark, 34. N. J. Eq. (7 Stew.) 532.

The facts are as follows: Complainant agreed to sell, and de*223fendant to buy, certain real estate; at the time a written contract expressing the agreement was executed defendant paid complainant $1,500 on account of the purchase…