Oliver Wendell Holmes, Jr.

“ As there is a prayer for final relief, the prayer for discovery must stand or fall with that; at least, in a case like the present; there is no need to consider whether or how far bills for discovery alone have been displaced by the powers now given in actions at law. The relief sought is simply a decree for damages, for a large part of the moneys paid and obligations incurred were paid and incurred to others than Middleton, so that although the word 'restitution' is used, there is no attempt to rescind, to follow a specific fund, or to establish a trust. ”

“ It is said that the facts are complicated, but they are not so on the allegations of the bill, which merely disclose a series of acts alleged to have been parts of the plan to deceive; and further, mere complication of facts alone and difficulty of proof are not a basis of equity jurisdiction. ”

“ The allegations in brief are that Middleton was a patent lawyer and personal friend of the plaintiff, that he brought to the plaintiff's attention a patent fluid and apparatus, representing them to be valuable, with details of fact confirming the statement, and representing that Middleton was acting as agent of the patentees; that the plaintiff, relying upon the representations, paid money and incurred obligations, amounting in all to some $40,000, all he had, for purchase of the patent rights, with an agreement that a company should be formed to work them ”