Appeal of Brown
Supreme Court of Pennsylvania
May 25th 1869, at Harrisburg. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Read, J., absent. Appeal No. 446, to January Term 1869, from the decree of the Court of Common Pleas of Schuylkill county: In Equity.
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May 25th 1869, at Harrisburg. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Read, J., absent. Appeal No. 446, to January Term 1869, from the decree of the Court of Common Pleas of Schuylkill county: In Equity. On the 24th of December 1868, Barnabas Hammett and James Neill, trading as Hammett & Neill, filed their bill against David P. Brown, Edward Silliman, Jacob Huntzinger, The Miners’ National Bank, The Miners’ Life Insurance and Trust Company, The First National Bank of Mahanoy City, Daniel Focht, Leonard & Squier and J. Oliver Roads. The bill set out: 1. That the plaintiffs…
1Opinion of the Court
The opinion of the court was delivered,
by Williams, J.
It is clear, that under the conflicting proofs in this case the complainants were not entitled to a preliminary injunction to enforce the specific performance of the alleged contract. Such an injunction ought never to be granted except in a clear case of right, in order to prevent irreparable mischief. Where there are disputes in regard to the rights of the parties under the contract which is sought to be enforced, especially when the dispute involves, as it does here, the very terms and obligations of the contract, an injunction ought not…
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