Burns v. Navorska

SHERICK, FJ.

The defendant advances four reasons why the plaintiff is not entitled to the relief prayed for. It is first said that the plaintiff does not come into this court of equity with clean hands. We doubt the propriety of this equitable maxim to the situation developed in this case. The defendant’s second reason, as assigned, is that the defendant, by reason of the purchase of this market, has thereby acquired the use and the right to the trade name. We have previously stated that the contents of the instrument of sale, entered into between Burns and Navorska’s grantors, do not show…