New Idea Pattern Co. v. Whitner

Citations

• 215 Pa. 193
• 64 A. 518
• 1906 Pa. LEXIS 763

Syllabus

<p>Contract — Specific performance — Equity—Preliminary injunction.</p> <p>Although, a decree of specific performance of a contract be refused because execution of the decree is impracticable yet an injunction may issue restraining the doing of acts against the contract.</p> <p>But in such case complainant must show clearly that the acts are in violation of the contract.</p> <p>The proprietors of a department store entered into a contract with a company manufacturing patterns for women’s clothing to sell the latter’s product. There was no covenant in the contract restraining the agents from selling other patterns, but it was provided that the agents should “endeavor at all times to conserve the best interests of the agency.” The agents dealt in other patterns and refused to sell those of the company, and a bill in equity was filed to restrain them from selling the other patterns. Held, that a preliminary injunction should not be granted.</p>