Bradley v. Anglo-American Gas Control Co.

Citations

• 102 Cal. 627
• 36 P. 1011
• 1894 Cal. LEXIS 699

Syllabus

<p>Cancellation of Instruments—Code Remedy—Multiplicity of Suits —Settlement of Controversy.—Under section 3412 of the Civil Code, a written instrument, in respect to which there is a reasonable apprehension that, if left outstanding, it may cause serious injury to a person against whom it is void or voidable, may, upon his application, he so adjudged, and ordered to he delivered up or canceled; and the fact that the plaintiff might successfully defend other suits in which the written instrument may he relied' upon is immaterial, the remedy provided for by the code being intended to strike at the basis oí all other suits, and in one controversy determine the rights of the parties for them all.</p> <p>Id.—Agreement for Exclusive Right to Patented Machines—Breach of Contract—Termination.—Where the plaintiffs granted to the defendants the exclusive right to sell and dispose of patented machines throughout the Pacific Coast, on- the condition that the grantee would make faithful efforts to sell the machines within the same territory, an agreement by the grantee with the proprietor of a rival machine, with the intention of preventing the introduction and sale of the plaintiff’s machine within a portion of the territory, is such a violation of the agreement as to justify the plaintiff in treating it as terminated, and beginning an action for its cancellation.</p> <p>Id.—Clause Giving Right to Terminate Agreement—Adverse Claim —Judicial Cancellation.—A clause in the instrument giving to the plaintiffs the right to terminate the agreement, upon a violation of its provisions, does not prevent the plaintiffs from seeking its cancellation by a judicial determination; and a claim by the defendants that, notwithstanding their violation, they possess all the rights conferred by the agreement, and dispute the right of the plaintiffs to terminate it, gives to the plaintiffs a right to invoke judicial action to cancel the agreement.</p> <p>Id.—Threat of Injunction Suit—Apprehension