Connecticut Telephone & Electric Corp. v. Telephone Answering & Recording Corp.

By one branch of its motion, the defendant moves to dismiss for insufficiency on its face (Rules Civ. Prac., rule 106) the “Fourth Cause of Action” alleged in the complaint, which cause sounds in equity, and by which the plaintiff seeks an injunction. The claimed insufficiency arises solely from the fact that the plaintiff is asserted to have an adequate remedy at law.

The plaintiff sues here upon an agreement whereby it was to work closely with the defendant in connection with the improvement of the so-called Peatrophone, a certain patented telephonic device. The plaintiff was to incur and…