[Download] "Curtiss Candy Co. v. Silberman" by Sixth Circuit Circuit Court Of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Curtiss Candy Co. v. Silberman
- Author : Sixth Circuit Circuit Court Of Appeals
- Release Date : January 11, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The plaintiffs below, here appellees, brought their action originally in the chancery court of Hamilton county, Tenn., seeking discovery, accounting, and damages for breach of an alleged contract of exclusive representation of the defendant, in said county, in the sale of its candy products, the best known being a candy bar sold under the name of "Baby Ruth." The cause was removed to the District Court on the ground of diversity of citizenship and was there tried as an action in equity. While the remedy was properly at law, by a suit for breach of contract, no reason appearing why adequate relief could not have been secured in such action, the defendant did not raise this issue, and we are content to treat the action as one in equity and the case as if now rightly before this court as an equity appeal. Twist v. Prairie Oil Co., 274 U.S. 684, 692, 47 S. Ct. 755, 71 L. Ed. 1297. Plaintiffs secured a decree from which defendant appeals.