Mundorff Beverage Co. v. Seven-Up Wilmington Co.

The Vice-Chancellor :

The main question is whether an agreement between complainant and the individual respondent, Imbesi, is valid and binding so as to confer upon complainant the right, enforceable by this court, to prevent respondents from selling or distributing a certain beverage within the City of Wilmington.

It is alleged in the bill that on March 30, 1936, “the complainant entered into an agreement with respondent Imbesi, whereby your complainant was extended an exclusive selling license for a trade-marked carbonated beverage known as ‘7-Up,’ in a territory which consisted of the City…