Montgomery Bros. v. Montgomery

Citations

• 269 Pa. 332
• 112 A. 474
• 1921 Pa. LEXIS 558

Syllabus

<p>Equity — Laches—Remedy at lam — In limine — Waiver—Unclean hands — ■Act of June 7, 1907, P. L. klfl.</p> <p>1. Laches will not be imputed to a plaintiff, where no injury results to defendant by reason of the delay.</p> <p>2. An objection that plaintiff has an adequate remedy at law will be deemed waived unless the defendant requires the matter to be decided in limine before a hearing of the cause upon the merits, as prescribed by the Act of June 7, 1907, P. L. 440.</p> <p>3. A plaintiff cannot be held to come into equity with unclean hands because of an act done by him which is not shown to be wrongful.</p> <p>Contract — Master and servant — Restraint of trade — Equity — Practice, equity — Cross bill — Appeals.</p> <p>4. Where a contract consists of two parts, one of which is a contract of employment and the other a modification of a preceding contract in restraint of trade, if the employed person is wrongfully discharged, he may sue at once to recover damages therefor; but this will not alter the rights and liabilities of the parties to the previous contract, at least until those alleged to have been wronged by the discharge shall have put themselves in the attitude of complete performance of the second contract.</p> <p>5. Where a contract in restraint of trade was admittedly valid when made, but is alleged to have been modified by a later agreement, which the parties restrained would have the right to ¡specifically enforce, the court, on a bill to enforce the restraint of trade provision of the first contract, should either grant the relief prayed for, or hold the bill until such reasonable time as a proper cross bill can be filed by the parties to the second agreement.</p> <p>6. If the court below does not so order, the appellate court will reverse the decree and remit the record with directions to so proceed with the cause that equity may thus be done to both parties.</p>