Eastern Outfitting Co. v. Manheim
Washington Supreme Court
Appeal from a judgment of the superior court ¡for Spokane county, Hinkle, J., entered November 27, 1909, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, in an action for an injunction.
1DissentChadwick, J.
(dissenting) — Aside from the considerations advanced by Judge Morris, in which I concur, it seems tome that the reasoning of the majority defeats itself. It proceeds upon the theory that a business once established *435must cover a whole field in its inception, rather than upon the evident fact, proven by the history of the wholé business world, that a business legitimately organized is entitled to the protection of the law in its development from a small local concern to the larger concern into which it has the natural right to grow. Another reason, and to my mind a forceful one, why the…
2Cases cited1 opinion
- Clark v. Ætna Iron WorksAppellate Court of Illinois · 1892