C. K. Smith & Co. v. Charest

The plaintiff, C. K. Smith & Co., Inc. (Smith), seeks to enjoin the defendant, Arsene D. Charest (Charest), from engaging in the sale of fuel oil to individuals in the city of Worcester or “within the limits of the municipalities adjoining Worcester,” which is allegedly contrary to the terms of a written agreement, and seeks to recover damages for alleged breaches by the defendants, Charest and Pelkey Oil & Heating, Inc. (Pelkey), of the agreements entered into by the parties.

*315A master found the following facts. Smith and Pelkey are Massachusetts corporations, each having a usual place of…