Goddard v. Gladstone

In this suit in equity for specific performance one of the defendants moves to dismiss the amended complaint upon the assertion that it fails to set forth facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 106). The action is grounded upon an alleged agreement by the moving defendant Gladstone to deliver to the plaintiff 12,500 shares of *228the common stock of Standard Industries, Inc., as the plaintiff’s share of a brokerage commission. The sole basis of the motion is that the plaintiff has an adequate remedy at law, that an equitable cause of action is not pleaded, and…