Question
Osburn, who owned certain timber land. contracted to cut, peel, haul and deliver all the hemlock bark upon his lands to the Elk Tanning Co
Osburn, who owned certain timber land. contracted to cut, peel, haul and deliver all the hemlock bark upon his lands to the Elk Tanning Co which owned a tannery in the vicinity. Subsequently Osburn attempted to sell the bark from his land elsewhere, and the Elk Tanning Co. filed a bill in equity paying tor specific performance, and alleging that it was necessary for them to have this bark for tanning, that the supply of such bark was limited, and that the loss of it would cause irreparable injury to the company, which had erected the tannery at great expense. The defendant, Osburn, obiected that equity had no
jurisdiction, and that plaintiffs had a adequate remedy at law. Should a decree issue?
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