Schmidt v. Bitzer

Citations

• 7 Cal. Unrep. 115
• 71 P. 563
• 1903 Cal. LEXIS 941

Syllabus

<p>Injunction — Refusal to Dissolve.—Where an Injunction is granted on a verified complaint, the court, in its discretion, may refuse a dissolution, provided the complaint states facts sufficient to authorize the granting of the injunction in the first instance.</p> <p>Injunction—Breach of Trade Agreement.—A Complaint Alleged that plaintiffs and defendants were each engaged in the butcher business, and had agreed not to handle trading stamps, vegetables, or to give premiums as “inducements tending to draw trade” from one to the other, but that, to the irreparable injury of plaintiffs,” defendants did handle and give trading stamps, vegetables, etc., and an injunction was prayed. Held, that in the absence of averments that defendants were giving the stamps to draw trade, or giving them to persons trading with the parties, or that defendants were insolvent, or the damages not ascertainable, the complaint was insufficient.</p>