Legal Opinion

Long Beach Drug Co. v. United Drug Co.

California Supreme Court

Decided March 20, 1939No. L. A. 16748Published

1Opinion

THE COURT.

On petition for rehearing it is urged that this court should permit relief by way of accounting to determine the damages, if any, which the plaintiff claims to have suffered by the alleged breach of the contract. The plaintiff has apparently misconceived the effect of the decision. It holds that equitable relief is not appropriate, as entailing well nigh impossible supervision of performance of the contract by the court. “For this reason ' it is said, “if no other, the court would be constrained to deny equitable relief and to leave the parties to assert their legal rights under the…

2Cases cited12 opinions

  1. Hacker Pipe & Supply Co. v. Chapman Valve Manufacturing Co.California Court of Appeal · 1936
  2. Boehm v. SpreckelsCalifornia Supreme Court · 1920
  3. Roth v. MoellerCalifornia Supreme Court · 1921
  4. Pascoe v. MorrisonCalifornia Supreme Court · 1933
  5. Caspary v. MooreCalifornia Court of Appeal · 1937

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