Geragosian v. Union Realty Co. case brief

 Geragosian v. Union Realty Co, Sup. Judicial Ct. of MA, 1935

1. P seek injunction against owner of a theatre who encroached upon P land by platform of escape overhang but causes no interference with present use and drain runs below the surface and does no interfere with use
2. Rule – Right of property which the P seeks to protect is legal, not merely equitable
3. Important to get encroachment off property because could lead to adverse possession, also property at risk because owner has actual knowledge
   1. Money also is not an adequate substitute for land/trespass; land is unique
   2. Awarding money damages could encourage people to do bad things
4. Holding – Final Decree to restrain further use of drain and ordered removal of fire escape platform
5. this case allows for some conditions of refusal of injunction:
   1. when there is some estoppel or laches on the part of the plaintiff

laches – SOL for equity. Def. has to convince the court that allowing the plaintiff to go ahead /w claim would be unfair. Most common way is to show that def. has changed his position in reliance on this action not being brought.

estoppel – a doctrine that takes away a person’s ability to correct a misstatement if another party has relied on that statement to their determent

Lord Coke said that estoppel “stoppeth up the mouth”

or a refusal on plaintiff’s part to consent to acts necessary to the removal or abatement which he demands.