Kirkpatrick v. Jackson

The classification of this case as one in equity or one at law is to be determined from a consideration of the pleadings, the breaches alleged, and the recovery sought. Here each party claimed damages for past acts. The elements involved necessarily made the respective claims remedial rather than preventive. Each claimed the other failed to perform his terms of the contract.

A recital of the steps taken as the litigation progressed will serve to show that the action is one at law. The original action brought by plaintiffs was one in ejectment, an action at law. Defendant, Arthur Jackson,…