Cecil v. Dominy

Where the sole issue in a trial is whether a temporary injunction shall be made permanent, is a reasonable attorney’s fee a recoverable element of damages for procuring dissolution of the injunction in a trial on the merits? The trial court answered “yes”; we agree.

Charles E. Dominy and Edward Cecil had been partners in the North County Merchant Patrol business. September 1, 1960, through a written agreement, they dissolved the partnership, reserving an exclusive territory for each party in the future. The dissolution agreement contained the provision that

4. It is agreed that neither Dominy…