Southern Iron & Equipment Co. v. Vaughan

THOMAS, J.'

The suit, which was by appellant as complainant below, was tó restrain appellee (respondent) from making disposition to others than complainant of certain railroad material alleged to have been theretofore purchased by complainant from respondent; and it is prayed in the bill that, upon final hearing, a decree be entered directing specific performance of the contract on the part of respondent. The bill does not aver the insolvency of the respondent. The court is sought to be given jurisdiction of such matter by the averment:

“That the nature of the contract now existing between it…