Werden v. Graham

Citations

• 107 Ill. 169
• 1883 Ill. LEXIS 243

Syllabus

<p>1. Specific performance—not decreed when it subserves no useful purpose. Courts of equity never decree the specific performance of a contract when the decree will be a vain and imperfect one.</p> <p>2. So a contract to assign an interest in letters patent for an invention will not be specifically enforced, on bill filed only a short time before the patent expires.</p> <p>3. Chancery—;jurisdiction—remedy at law—to recover damages for breach of contract—and to compel the assignment of an interest in a patent. Á. court of equity has no jurisdiction of a bill seeking solely to recover damages for a breach of a contract to perform services, and to assign an interest in letters patent, when’ there is no partnership account to be adjusted, and the contract is a personal one between the parties, not as partners, hut as individuals. The remedy in such case is complete and adequate at law upon the covenants of the contract.</p>