Pfeifer v. Rahiser

Citations

• 2 Pa. Super. 355
• 1896 Pa. Super. LEXIS 62

Syllabus

<p>Equity — Injunction—Restraint of trade.</p> <p>Contracts in restraint of trade are not favored by the law and, although they will be enforced, the proof of the making of them must be clear and indubitable before an injunction will be issued to restrain a party from engaging in business.</p> <p>Equity practice — Finding of facts — Equity rules.</p> <p>Where the court in the decree dismissing a bill in equity to restrain a defendant from engaging in business in a certain town and neighborhood finds that the weight of the evidence does not establish the contract not to engage in said business, such finding of fact though embodied in the decree is a substantial compliance with the equity rules of the Supreme Court.</p> <p>Weight of testimony — Dismissal of bill.</p> <p>In a bill to restrain defendant from engaging in business in a certain town and neighborhood, the evidence of the two plaintiffs of defendant’s statement, relied on by them as a contract not to engage in business, was consistent with a then existing purpose, rather than a positive contract, not to do so; they were directly contradicted by the answer, by the testimony of defendant and by two disinterested witnesses, one called by them and one called by the defendant. Held, that the finding of the court against the contract relied on was in accord with the testimony and that it was not error to dismiss the bill.</p>