Silent Automatic Burner Co. v. Silent Automatic Corp.

The following opinion was filed January 9, 1934:

Fairchild, J.

The principal point made against the judgment entered below and a controlling one is that the respondent agreed to invest and maintain a sufficient un*346impaired working capital in an amount sufficient to insure the proper conduct of the business growing out of and contemplated by the agreement, and that, should such capital become impaired in appellant’s judgment to a point detrimental to the proper conduct of the business, the appellant might forthwith cancel th£ agreement.

As the undisputed evidence shows that in the honest judgment…