Valley Mortuary v. Fairbanks

WOLFE, Chief Justice.

Action by the respondent, plaintiff below, to enjoin the appellant, defendant below, from operating a funeral business in a specified area in alleged violation of an agreement between the parties, and to recover damages for alleged past infractions of the agreement. The parties will hereinafter be referred to as they appeared in the lower court.

The defendant, doing business as the Lionel Fairbanks Mortuary, entered into a written agreement with the plaintiff corporation in August of 1945 wherein the defendant sold and the plaintiff purchased for $5,500' the defendant’s…