MOTOR PARTS CO. v. BENDIX HOME APPLIANCES

Civil No. 191.

36 F.Supp. 649 (1941)

MOTOR PARTS CO. v. BENDIX HOME APPLIANCES, Inc.

District Court, D. Delaware.

January 23, 1941.


Attorney(s) appearing for the Case

Philip Werner Amram (of Wolf, Block, Schorr & Solis-Cohen), of Philadelphia, Pa., and Clarence A. Southerland (of Southerland, Berl, Potter & Leahy), of Wilmington, Del., for plaintiff.

Oliver T. Cowan (of Goldwater & Flynn), of New York City, and Aaron Finger (of Richards, Layton & Finger), of Wilmington, Del., for defendant.


NIELDS, District Judge.

Motion for preliminary injunction.

Plaintiff seeks specific performance of an oral contract through injunction.

The contract which the court is asked to enforce is a franchise agreement alleged to have been entered into orally. Defendant had never been a party to such a contract. Entering into an oral franchise agreement was contrary to the practice and policy of defendant throughout its history.

Defendant manufactures...

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