Anheuser-Busch Brewing Ass'n v. Dwyer
Appellate Court of Illinois
Bill for injunction. Appeal from the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding.
1Opinion of the CourtJustice Freeman
It is sought to set aside the injunction order entered in this case upon the ground, first, that it restrains the breach of a contract, is a negative specific enforcement of the contract and should therefore be governed by the same doctrine and rules which control in cases of specific performance. On the other hand, appellee’s counsel urge that the bill at bar was filed not with a view of compelling a direct specific performance of" the affirmative covenants of the lease and contract by way of injunction, but by means of that remedy to enforce and prevent a violation of the express negative…
2Cases cited7 opinions
- Star Brewery Co. v. PrimasIllinois Supreme Court · 1896
- Southern Fire Brick & Cray Co. v. Garden City Sand Co.Illinois Supreme Court · 1906
- Consolidated Coal Co. v. SchmisseurIllinois Supreme Court · 1890
- Carlson v. KoernerIllinois Supreme Court · 1907
- Stafford v. SwiftAppellate Court of Illinois · 1905
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3Cited by4 opinions
- Petrzilka v. GorscakAppellate Court of Illinois · 1990
- George F. Mueller & Sons, Inc. v. MoralesAppellate Court of Illinois · 1974
- Vansant v. RoseAppellate Court of Illinois · 1912
- Joseph Schlitz Brewing Co. v. TraviAppellate Court of Illinois · 1913