Henke & Pillot, Inc. v. Hanovice

GRAVES, Justice.

This is an appeal from the judgment of the trial court — after hearing evidence of both sides — refusing appellant’s application for temporary injunction restraining the appel-lees from using the name “H & P Food Company in connection with their grocery business, and from advertising and soliciting business under that name.”

In so decreeing, the learned trial judge filed these findings of fact and conclusions of law:

“Findings of Fact.

“(1) That the plaintiff, Henke & Pillot, Inc., has been in the grocery business in the City of Houston for a long period of time, beginning as a…