Blum v. William Goldman Theatres, Inc.

KIRKPATRICK, District Judge.

The only part of the decree which calls for comment is the award of damages.

The complaint discloses two distinct causes of action, one in equity and the other at law, and the suit is, in effect, two sepa^ rate actions tried together. Upon the first cause of action equitable relief is sought consisting of specific performance, injunction and an accounting for profits. Upon the second, damages are claimed.

The only items of damage claimed by the plaintiff are the counsel fee and expenses necessarily incurred by the plaintiff in obtaining the equitable relief which he…