Livesley v. Johnston

This is a motion to recall a mandate. T. A. Livesley and John J. Roberts, partners as T. A. Lives-ley & Co., commenced a suit against John Johnston, Jr., and Adolph Wolf and Julius Wolf, partners as Adolph Wolf & Son, and the Southern Pacific Co., a corporation, to compel the specific performance of Johnston's agreement to deliver to them 20,000 pounds of hops grown in 1903, alleging Johnston’s insolvency as a ground for the equitable relief invoked. A temporary injunction was issued to restrain the defendants from disposing of the hops, but a demurrer to the complaint was sustained, the…