Allbee v. Elms

• Decision Date: 06 June 1944
• Citation: Allbee v. Elms, 93 N.H. 202, 37 A.2d 790 (N.H. 1944)
• Parties: ALLBEE v. ELMS et al.
• Court: New Hampshire Supreme Court

37 A.2d 790

ALLBEE

v.ELMS et al.

Supreme Court of New Hampshire.

June 6, 1944.

Transferred from Superior Court, Grafton County; Blandin, Judge.

Bill in equity by Richard C. Allbee against Alice R. Elms and another for specific performance and for an injunction.The defendants moved that the bill be dismissed on the ground that the remedy at law was adequate.The court transferred without ruling the questions at law raised by the pleadings, which included, as an amendment to the bill, an allegation that equity would avoid a multiplicity of suits.

Bill dismissed.

Bill in equity, for specific performance and for an injunction.The plaintiff alleged that on or about May 13, 1943, it was agreed between himself and the defendantCharles V. Elms that he was to have work as a dairy farm hand on the farm of the defendants for the term of one year with certain pay.The plaintiff claimed that on or about June 19, 1943, without cause he was discharged as a farm hand, that certain garden crops of his were damaged by the defendants and that he was assaulted by them.The defendants moved that the said bill be dismissed on the ground that the remedy at law was adequate.

The Court(Blandin, J.) transferred without ruling the questions of law raised by the pleadings, which included as an amendment to the bill an allegation that equity would avoid a multiplicity of suits.

Luigi J. Castello, of Woodsville, for plaintiff.

Pike & Aldrich, of Lisbon, H. K. Davison, of Woodsville, and George W. Pike, of Lisbon, for defendants.

JOHNSTON, Justice.

Specific performance of an executory contract for personal services is not ordinarily decreed even when the party to render the services is the plaintiff.Knox v. Allard, 90 N.H. 157, 163, 5 A.2d 716;49 Am.Jur., p. 160.The remedy at law is adequate.McCrillis v. American Heel Company, 85 N.H. 165, 167, 155 A. 410.The prayer for an injunction against interference with the harvest of the plaintiff's garden raises a question now moot.Street Commissioners of Portsmouth v. Dale, N.H., 35 A.2d 798.Nor is the plaintiff entitled to injunctive relief because of the allegation of an assault upon him.“The legal remedy is ordinarily considered as adequate in cases of torts to the person *** and equity does not interfere.”4 Pomeroy, Eq.Jur.(5th Ed.) § 1347.

The plaintiff does not stand any better in equity by reason of the amendment to the bill.Equity will take jurisdiction of various actions if they involve identical...