Edmundson-Randle Drug Co. v. Partin Mfg. Co.
Supreme Court of Alabama
Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Bill by the Edmundson-Randle Drug Company against, the Partin Manufacturing Company and others, to enjoin certain prize voting contests. From the granting of a motion dissolving the temporary injunction granted, complainants appeal.
Read the full summary
Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Bill by the Edmundson-Randle Drug Company against, the Partin Manufacturing Company and others, to enjoin certain prize voting contests. From the granting of a motion dissolving the temporary injunction granted, complainants appeal. Complainant is engaged in the drug business in Bessemer, the Partin Manufacturing Company is a foreign corporation, and the Edwards-White Drug Company and the Lewis-Read Drug Company are both doing a drug store business in or near Bessemer. The purpose of the bill is to enjoin the Par-tin Manufacturing…
1Opinion of the Court
SOMERVILLE; J.
The principle here invoked by the complainant company has been stated by Mr. Pomeroy as follows:
“Where one person agrees to render personal services to another, which require and presuppose a special knowledge, skill, and ability in the employé, so that, in case of default, the same services could not easily be obtained from others, although the aflirmative specific performance of the contract is beyond the power of the court, its performance will be negatively enforced by enjoining- its breach.” Pom. Spec. Perf. (2d Ed.) § 24.
This assumes, of course, that the threatened breach…
2Cases cited4 opinions
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Consolidated Amusement Co. v. HughesHawaii Supreme Court · 1915
- Foster v. BallenbergU.S. Circuit Court for the District of Southern Ohio · 1890
- Roosen v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Buck Creek Cotton Mills v. StokelySupreme Court of Alabama · 1938