Ambassador Foods Corp. v. Montgomery Ward & Co.

MR. PRESIDING JUSTICE ENGLISH

delivered the opinion of the court.

This is an interlocutory appeal from denial of plaintiff’s motion for a temporary restraining order.

Defendant appeared in the trial court, hut filed no pleading, so the case comes before us solely on the complaint. Under those circumstances, the facts properly pleaded will he considered as true.

The verified complaint consists of three counts: Count I in equity for injunction and other relief; Count H in law for damages of a half million dollars; and Count HI the same as Count H with the addition of an allegation of malice. All…