Legal Opinion

Wagner Electric Corp. v. Hydraulic Brake Co.

District Court, S.D. California

Decided November 15, 1935No. U-97-MPublished

1Opinion of the Court

McCORMICK, District Judge.

This is a suit in equity brought by the complainant corporation to cancel a bonus agreement entered into by it and the defendant company. The relief is sought upon the broad ground that the consideration for the contract has failed. Specifically, it is alleged that because the defendant company has been acquired by Bendix Aviation Corporation, a holding and parent company of Bendix Brake Company, the principal competitor of plaintiff in the automobile brake industry, as a result there has been produced a continuing con*838flict of interests that has operated to bring…

2Cases cited8 opinions

  1. Carbice Corp. of America v. American Patents Development Corp.Supreme Court of the United States · 1931
  2. Troxell v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  3. Perkins v. HartSupreme Court of the United States · 1826
  4. Wagner Electric Corp. v. Hydraulic Brake Co.Michigan Supreme Court · 1934
  5. Radio Corp. of America v. LordCourt of Appeals for the Third Circuit · 1928

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