Miller v. Morley Finishing Mach. Co.

First Circuit

Miller v. Morley Finishing Mach. Co.

87 F. 621, 31 C.C.A. 148, 1898 U.S. App. LEXIS 2017

CourtCourt of Appeals for the First Circuit

DecidedApril 15, 1898

DocketNo. 241

StatusPublished

Cited by2 cases

This text of 87 F. 621 (Miller v. Morley Finishing Mach. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miller v. Morley Finishing Mach. Co., 87 F. 621, 31 C.C.A. 148, 1898 U.S. App. LEXIS 2017 (1st Cir. 1898).

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Opinion

PER CURIAM.

With reference to the letter of Mr. Sinclair, which it is admitted must be read into the alleged agreement which the plaintiff seeks to enforce, it appears to the court that the expression “cash for his merchandise” is so indefinite as to leave the alleged agreement so vague that it is doubtful whether an equity court can compel its enforcement; and, moreover, it is doubtful whether the instrument of conveyance submitted to the defendant for execution by him contained a proper offer to carry out the draft contract as it was supplemented by that letter; and, further, it appears very doubtful whether the alleged agreement covers the patents relating to hinged lasts, in reference to which an apparently fair controversy has arisen between the parties. On the whole, the court is of the opinion that the case, as presented, is. so doubtful on the merits that an injunction of the broad character granted below, involving the defendant in so much inconvenience and possible loss, ought not, in this case, to be affirmed. The order appealed from is reversed, and the costs of this court are awarded to the appellant.

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PER CURIAM.

With reference to the letter of Mr. Sinclair, which it is admitted must be read into the alleged agreement which the plaintiff seeks to enforce, it appears to the court that the expression “cash for his merchandise” is so indefinite as to leave the alleged agreement so vague that it is doubtful whether an equity court can compel its enforcement; and, moreover, it is doubtful whether the instrument of conveyance submitted to the defendant for execution by him contained a proper offer to carry out the draft contract as it was supplemented by that letter; and, further, it appears very doubtful whether the alleged agreement covers the patents relating to hinged lasts, in reference to which an apparently fair controversy has arisen between the parties. On the whole, the court is of the opinion that the case, as presented, is. so doubtful on the merits that an injunction of the broad character granted below, involving the defendant in so much inconvenience and possible loss, ought not, in this case, to be affirmed. The order appealed from is reversed, and the costs of this court are awarded to the appellant.

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87 F. 621, 31 C.C.A. 148, 1898 U.S. App. LEXIS 2017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-morley-finishing-mach-co-ca1-1898.

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