Wussow v. Gaida

When a suit is brought in equity, the court will not retain jurisdiction to grant legal relief only where it clearly appears from the pleadings or develops on the trial: That there is no ground, growing' out of the transaction involved, on which to base the existence of an equitable cause of action prior to the commencement of the action; that good faith is lacking; that such equitable relief cannot be had and the constitutional right of trial by jury would be denied by retaining the action and granting legal relief; that the ends of justice will not be best served by retaining the cause for…