Schmidt v. Bitzer

COOPER, C.

This appeal is from an order refusing to dissolve an injunction. As the injunction was granted upon a verified complaint, it may be conceded that the court, in its discretion, could have refused to dissolve the injunction, provided the complaint states facts sufficient to show that the restraining order should have been granted in the first instance. The complaint sets forth a written contract, by the terms of which the plaintiff and defendants, after reciting that they were engaged in the butcher’s business in the city of San Francisco, mutually agreed “not to handle trading…