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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 534   View pdf image (33K)
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884 HIGH COURT OF CHANCERY.
JOHN ALLEN
vs. DECEMBER TERM, 1849.
WILLIAM BURKE.
[INJUNCTION—SPECIFIC PEBFORMANCE—PRACTICE.]
Upon a bill for a specific execution of an agreement and an injunction, it is clear,
that if upon the plaintiff's case, as made out by his bill, he is not entitled to
a specific execution of the agreement set up by him, he cannot be entitled to
an injunction, which is only ancillary to the principal object of the suit.
It is well settled that the plaintiff must recover upon the case made by his bill,
and that a defendant, although he answers it, may, at the hearing, object,
that the case made in the bill does not entitle the party to equitable relief.
The bill seeks the specific execution of a parol contract or agreement for a
lease of certain premises, in the city of Baltimore, occupied and used for the
purpose of opening and exporting oysters. It avers that the agreement was
entered into sometime in the month of August, 1848, and that the plaintiff
was to receive for rent, all the oyster shells produced from the establishment,
be their value more or less, but does not state when the leave was to ex pirs,
HELD—
That the contract was not set out in the bill, with the necessary degree of cer-
tainty to enable the court to decree its specific execution, one of the essen-
tial terms of the agreement, viz. how long the lease was to continue not
being specified.
[THE; bill was filed on the equity side of Baltimore County
Court, on the 7th of December, 1849, by Alien, the complain-
ant, and states, that sometime in the summer of 1848, about
the month of August, the defendant, Burke, entered into a
parol contract with the plaintiff, by which the defendant stipu-
lated and agreed, in consideration of the plaintiff's leasing to
him certain premises on Union Dock, in the city of Baltimore,
(and of which the defendant in pursuance of such renting, took
possession, and now occupies as a part of his establishment for
opening and exporting oysters,) that the plaintiff should have
and receive therefor all the oyster shells produced from said
establishment, be there more or less, as rent for the premises
aforesaid.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 534   View pdf image (33K)
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