Equitable Gas Light Co. v. Baltimore Coal Tar & Manufacturing Co.
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. I. The writ of injunction to restrain the violation of a contract for the sale of chattels is a remedy not favored by the Court and hut sparingly resorted to in extreme and exceptional cases.
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Appeal from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. I. The writ of injunction to restrain the violation of a contract for the sale of chattels is a remedy not favored by the Court and hut sparingly resorted to in extreme and exceptional cases. It is a negative and specific enforcement of the contract; and specific performance of contracts for the sale of goods is seldom granted, for the reason that adequate compensation for the breach of such contract may be had at law. Leake on Contracts, 1119,1126; Fothergill vs. Rowland, L. R., 17 Fq., 132;…
1Opinion of the Court
Alvex, O. J.,
delivered the opinion of the Court.
This is a bill filed by the appellee, the plaintiff below, for an injunction, and for specific performance of a contract set forth in the hill. The injunction was granted, and, upon answer filed hy the defendant, an appeal was taken from the order granting the injunction. We are *294to enquire therefore whether, upon the allegations of the hill, assuming that they will he supported hy proof, there is such case stated as justified the Court in granting the injunction ? And this depends upon the antecedent question whether, upon proof of the…
2Cases cited1 opinion
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
3Cited by31 opinions
- Seymour v. OelrichsCalifornia Supreme Court · 1909
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- Fitzpatrick v. MichaelCourt of Appeals of Maryland · 1939
- Halligan v. FreySupreme Court of Iowa · 1913
- Equitable Gas Light Co. v. Baltimore Coal Tar & Manufacturing Co.Court of Appeals of Maryland · 1886
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