Brooklyn Baseball Club v. McGuire
U.S. Circuit Court for the District of Eastern Pennsylvania
In Equity. On motion for preliminary injunction.
1Opinion of the Court
DALLAS, Circuit Judge.
1. The contract upon which this süit is founded provides that the party of the first part (the plaintiff) may end and determine all its liabilities and obligations thereunder upon giving the party of the second part (the defendant) ten days’ notice of its option and intention so to do; and in Marble Co. v. Ripley, 10 Wall. 339, 19 L. Ed. 955, it was distinctly held that a contract which the plaintiff may abandon at any time on giving one year’s notice is not enforceable in equity. I am aware that with reference to this decision Judge Lowell, in Singer Sewing Mach. Co. v.…
2Cases cited4 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Franklin Telegraph Co. v. HarrisonSupreme Court of the United States · 1892
- Rust v. ConradMichigan Supreme Court · 1882
- Sturgis v. GalindoCalifornia Supreme Court · 1881
3Cited by16 opinions
- Gardella v. ChandlerCourt of Appeals for the Second Circuit · 1949
- Weegham v. KilleferDistrict Court, W.D. Michigan · 1914
- Schneller v. HayesWashington Supreme Court · 1934
- Meurer Steel Barrel Co. v. MartinCourt of Appeals for the Third Circuit · 1924
- Thompson v. Shell Petroleum Corp.Supreme Court of Florida · 1938
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