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· 1/7/1907

Sterling Varnish Co. v. Macon

Citations

  • 217 Pa. 7
  • 66 A. 78
  • 1907 Pa. LEXIS 643

Syllabus

<p>Equity — Injunction—Contract—Master and servant — Secret process.</p> <p>On a bill in equity by an employer against former employees to restrain the latter from using secret processes which they had contracted not to use except for complainant's benefit, where the evidence shows a clear prima facie case of fraudulent breach of contract, but the trial judge thinking that the proof was not technically sufficient without evidence of the secret process, which complainant refused to offer, refuses the relief sought, and after an appeal is taken the complainant applies for a reopening of the case on the ground of material after-discovered evidence, the appellate court will reverse the decree with directions to allow the case to bo reopened for further evidence.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

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