American Bottler Volume 37

American Bottler Volume 37

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... was appealed. The Appeal Court upheld the lower court, and said that even if a brother did own it, the injunction was warranted. The court rendered the following opinion: The learned judge hearing the case on the prayer for a preliminary injunction found "that the defendant himself is carrying on the bottling business in the name of the Carbondale Bottling Works." If this finding be correct under the testimony and there is sufficient to warrant it, there is a plain violation of the agreement by the defendant and the injunction was properly issued. However, if we proceed further as did the lower court and concede that the defendant was not owner of the bottling works, but was merely the manager thereof, we would nevertheless sustain the action of the lower court in holding that, the defendant violated his contract. Although he may not have been the owner of the rival concern, he was nevertheless in the true sense of the term, engaged in the bottling business. The evident purpose of the agreement was to prevent the defendant using, to the detriment of plaintiff's business, the experience he had acquired in his connection with the business extending over a period of many years, with his knowledge of the trade and his acquaintance with the customers. With all these advantages he could deprive the plaintiff to a great extent of the benefits which he was to derive from the agreement. Testimony in the case showed that since the defendant had started in business, plaintiff had already lost nearly one-half his business, claimed to be due to the defendant's acts. Under such circumstances, there is no reason why the learned trial judge should adopt the narrow construction of the agreement asked for by the defendant and thus defeat its...
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Product details

  • Paperback | 528 pages
  • 189 x 246 x 27mm | 930g
  • United States
  • English
  • black & white illustrations
  • 1236740211
  • 9781236740212