Wemple v. B. F. Goodrich Co.

The opinion of the court was delivered by

Wells, J.

This is an appeal from a decree of the Court of Chancery entered on November 14th, 1939. The original suit was instituted in that court on or about February 4th, 1938, for the specific performance of an agreement bearing date December 20th, 1935, calling for the transfer of certain judgments for a sum certain to be paid as specified. Relief was granted by the Court of Chancery and a decree entered March 16th, 1939, to that effect. However, on appeal to this court it was held that equity had no jurisdiction inasmuch as the case was triable at…