Weeghman v. Killifer
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Michigan; C. W. Sessions, Judge. Suit by Charles Weeghman and another, partners doing business under the style of the Chicago Federal League Baseball Club, against William Killifer, Jr., and another. From a decree dismissing the bill, complainants appeal.
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Appeal from the District Court of the United States for the Western District of Michigan; C. W. Sessions, Judge. Suit by Charles Weeghman and another, partners doing business under the style of the Chicago Federal League Baseball Club, against William Killifer, Jr., and another. From a decree dismissing the bill, complainants appeal. The appellants sought a temporary restraining order in the court below, commanding William J. Killifer, Jr,, to desist and refrain from performing any services as a baseball player for any other club than theirs during the years 1914, 1915, and .1916. The order…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The bill of complaint is not framed upon the idea, as of course under well settled principles it could not be, that complainants are entitled to an order or decree enforcing specific performance of the contract between the Federal Club and Killifer; but the theory is that under his negative covenant they are entitled to an order restraining him from playing with any other club. The theory so relied on is not contested. The controversy turns upon a question which may be stated thus: Whether, in view of their knowledge of the clause of reservation contained…
2Cases cited10 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Rice v. . ManleyNew York Court of Appeals · 1876
- Haskins v. RoysterSupreme Court of North Carolina · 1874
- Otis v. GregoryIndiana Supreme Court · 1887
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3Cited by17 opinions
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- First National Bank v. Burton, Parsons & Co.Court of Special Appeals of Maryland · 1984
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