Hutchinson Gas & Fuel Co. v. Wichita Natural Gas Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of thé United States for the District of Kansas; John C. Pollock, Judge. Suit by the Hutchinson Gas-& Fuel Company against the Wichita Natural Gas Company. From a decree dismissing the bill, complainant appeals.
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Appeal from the District Court of thé United States for the District of Kansas; John C. Pollock, Judge. Suit by the Hutchinson Gas-& Fuel Company against the Wichita Natural Gas Company. From a decree dismissing the bill, complainant appeals. This is an appeal of the Hutchinson Company, a gas distributing corporation, from a decree of dismissal of its bill in equity against the Wichita Company, a natural gas producing corporation, to enjoin it from raising its rate for the sale of its gas, and from ceasing to supply it at a rate specified in the contracts between the two companies. The bill…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). The relief sought by the Hutchinson Company in this case is an injunction against the violation of any of the'terms of the contract'of June 9, 1906, and of any of the terms of any contract resulting from the supplemental contract of January 2, 1912.
[1] An injunction against the breach of a contract is a negative decree of a specific performance thereof, and the general rule is that the power and duty of a court of equity to grant the former are governed by the same principles, rules, and practice as are its power and duty to grant the latter relief. Shubert…
2Cases cited21 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Guffey v. SmithSupreme Court of the United States · 1915
- Columbus Railway, Power & Light Co. v. City of ColumbusSupreme Court of the United States · 1919
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
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3Cited by21 opinions
- Mid-South Packers, Inc. v. Shoney's, Inc.Court of Appeals for the Fifth Circuit · 1985
- Propane Industrial, Inc. v. General Motors Corp.District Court, W.D. Missouri · 1977
- Southwest Pipe Line Co. v. Empire Natural Gas Co.Court of Appeals for the Eighth Circuit · 1929
- Standard Oil Company of Texas v. Lopeno Gas CompanyCourt of Appeals for the Fifth Circuit · 1957
- Municipal Gas Co. v. Lone Star Gas Co.Court of Appeals of Texas · 1924
16 more not listed; retrieve them via the Exa API.