Brief for appellees motion picture patents company and Edison manufacturing company (1913)

Record Details:

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58 which, through its agents, committed the fraud, for a much less degree of fraud is sufficient to deter a court from granting relief at the request of the wrongdoer than to serve as a foundation for positive relief in favor of the person injured. The rule is laid down in Broivn vs. Pitcairn, 148 Pa., 38T, 392, as follows: "There is a marked difference between that degree of unfairness which will induce a chancellor to set aside a contract, and that which will induce him to withold his aid in enforcing it: Cathcart vs. Robinson, 5 Peters, 276. It is there said: ' A defendant may resist a bill for specific performance by showing that, under the circumstances, the plaintiff is not entitled to the relief he asks. Omission or mistake in the agreement, or that it is unconscientious or unreasonable; or that there has been concealment, misrepresentation or any unfairness, are enumerated among the causes which will induce the court to refuse its aid.' " VII. In an action brought for specific performance, relief will always be denied unless the complainant has fully performed on bis part all of the covenants and conditions to be performed by him. The complainant comes into this, a court of equity, asking relief which it claims it cannot obtain in a court of law. That a court of equity will always consider the rights and wrongs of litigants, and the attitude of the complainant, as well as whether or not he has come into the coui t with clean hands, and has performed all of the conditions and covenants on his part to be performed, and has not been guilty of any wrongdoing, is elementary. A court of equity will not reach out its strong arm to assist a complainant who has done injustice to a defend