Home Telephone Co. v. Sarcoxie Light & Telephone Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Davicl FT Blair, Judge. (1) A court will grant injunction to protect contract right, and it is not necessary that the injury-should he irreparable and defendant insolvent. Brewing Co. v. "Water Works, 34 Mo. App. 119; Gordon, v. Mayfield, 84 Mo. App. 367; Tool Co. v. Springs Co.,. 93 Mo. Ápp. 530; Musser v. Brink, 80 Mo. 350; jonesv. Williams, 139 Mo. 1; Electric Works v. Magnet Co.,. 9 Am. & Eng. Ann.
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Appeal from Jasper Circuit Court. — Hon. Davicl FT Blair, Judge. (1) A court will grant injunction to protect contract right, and it is not necessary that the injury-should he irreparable and defendant insolvent. Brewing Co. v. "Water Works, 34 Mo. App. 119; Gordon, v. Mayfield, 84 Mo. App. 367; Tool Co. v. Springs Co.,. 93 Mo. Ápp. 530; Musser v. Brink, 80 Mo. 350; jonesv. Williams, 139 Mo. 1; Electric Works v. Magnet Co.,. 9 Am. & Eng. Ann. Cases, 975. (2) A court of equity has the right to specifically enforce the contract, between plaintiff and defendant. Railroad v. Railroad, 144 N. Y.…
1Opinion of the CourtCraves, J.
Plaintiff sues defendant to enjoin It from violating a certain agreement made between them May 4,1905, concerning the exchange of business •oh their respective lines. The material portions of the agreement read:
“This agreement, entered into by and between the Home Telephone Company, a corporation of •Joplin, Missouri, first party, and Sarcoxie Light and Telephone Company, a corporation of Sarcoxie, Missouri, second party.
“Witnesseth that whereas, the first party is •operating telephone exchanges at Carthage, Carterville, Webb City and Joplin, Missouri, and the second party operating an…
2Cases cited4 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Warren v. JonesSupreme Judicial Court of Maine · 1862
- Home Telephone Co. v. Granby & Neosho Telephone Co.Missouri Court of Appeals · 1910
3Cited by14 opinions
- Lincoln Credit Co. v. PeachSupreme Court of Missouri · 1982
- State Ex Rel. Utilities Commission v. Carolina Telephone & Telegraph Co.Supreme Court of North Carolina · 1966
- North Carolina Public Service Co. v. Southern Power Co.Court of Appeals for the Fourth Circuit · 1922
- Union Trust & Savings Bank v. Kinloch Long Distance Telephone Co.Illinois Supreme Court · 1913
- Clay County Cooperative Telephone Ass'n v. Southwestern Bell Telephone Co.Supreme Court of Kansas · 1920
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