Beaver v. Slane

Citations

• 271 Pa. 317
• 114 A. 509
• 1921 Pa. LEXIS 504

Syllabus

<p>Equity — Discontinucmce of suit — -Discretion of court — Objection in limine — Waiver—Specific performance — Contract of employment — -Partnership—Act of June 7, 1907.</p> <p>1. A litigant has no absolute right to discontinue an action, without the sanction of the court, either on common law principles or by force of any statute; and this is so also in equity.</p> <p>2. The allowance is within the reasonable discretion of the chancellor, and will not ordinarily be granted where the testimony has been taken at large expense, and the.suit has proceeded to the point of the making of findings, though no final, decree has been entered.</p> <p>3. Where, on a bill in equity for specific performance, the case has proceeded so far that the court has filed findings of fact and law against plaintiff, a refusal of a-request of the plaintiff to discontinue the case is not error; and'-if the court proceeds and enters a final decree, dismissing the bill, the decree will not be reversed, because of the refusal of plaintiffs request.</p> <p>4. The Act of June 7, 1907, P. L.' 440, which provides that a failure to object in limine on the ground of adequacy of legal remedy shall be deemed a waiver of the right to raise such a contention, applies to the complainant as well as the defendant on a suit in equity. ’ '</p> <p>5. If, in such case, defendant cannot raise the objection to the jurisdiction, much less can plaintiff be permitted to withdraw, when the rulings are adverse to his contention.</p> <p>Partnership — Contract—Evidence—Burden 'O.f proof — Equity.</p> <p>6. Where a complainant in equity asks that property be declared partnership assets, the burden is on him to prove the agreement of partnership upon which he bases his prayer for relief.</p> <p>7. A mere intention to form a partnership, in the future, does not create the relationship.</p> <p>8. A court of equity will not enforce a contract unless it is complete and certain in all its essential elements.</p> <p>Equity — Fi