T. C. R. Realty v. J. Samuel Cox and Rose Cox

This is an appeal from a decree of the Chancellor dismissing a complaint in equity filed by appellant, T. C. R. Realty, Inc., seeking specific performance of a written option agreement for the sale of a parcel of land and damages for an alleged breach thereof. The dismissal of the complaint was precipitated by appellants refusal to supply certain information to appellees in response to their [appellees] depositions of appellant as directed by the Chancellor. Although the lawsuit has been unnecessarily complicated by a long and involved procedural and factual history, the immediate precise issue raised rests upon a determination of the propriety of permitting a counterclaim seeking injunctive relief and damages under the theories of malicious use and abuse of process in response to appellants complaint in equity. For reasons which will be set forth hereinafter, we hold that the Chancellor erred in dismissing appellants complaint and order that the complaint be reinstated and that the cause be remanded to the court below for further proceedings consistent herewith.