Fink v. Bluestein

HENDRY, Judge.

Plaintiff instituted suit in equity seeking rescission of a stock purchase agreement with the defendant or in the alternative claiming damages for the defendant’s breach of the agreement. Defendant answered the complaint and counter-claimed seeking, inter alia, the equitable relief of a lien upon the stock.

Defendant moved to dismiss the complaint, or in the alternative, to transfer the cause from equity to the law side of the court because the complaint was not cognizable in equity. Both of these motions were denied, the case proceeded to final hearing, subsequent to which the…