O. K. Tire & Rubber Co. v. Oswald

MOORE, Justice.

This is an equity action for an injunction restraining defendant from continuing to operate his business under the name “O.K. Tire Shop” or other similar names authorized pursuant to a franchise agreement between the parties which had been terminated and for specific performance of an equipment repurchase agreement. Defendant’s answer asserted a claim of $3,-028.00 against plaintiff. The facts were stipulated in the trial court. The court found “neither party can recover from the other” and taxed the costs equally against the parties. Plaintiff has appealed. Defendant has not…