The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-07-01

J. II. Griffin, the street sprinkling con-
tractor, failed to secure the injunction
sought restraining the city council from
entering into a contract with Heath to do
extra sprinkling. Judge HiIes deciding last
night that this cource was not proper and
to obtain relief he should bring his ac-
ton in a court of justice on an action to
recover damages for violation of con-
tract
Richards & Richards and c. f. Louf-
borrow appeared for Griffin and Judge
Mckay for the city
Counsel for the defense demurred to the
complaint on the grounds that the court
had no jurisdiction and there was a de-
feet of parties defendant and that the
mayor and city council should have been
made the defendants in the case. instead
of the city.
The status of the demurrer was quickly
disposed of so far as the latter portion Of
the same is concerned. by the court hold
ing with the attorneys for Dlaintim that
the city did business through the mayor
and council only. and hence the complaint
was all right in that respect The ques-
ton then came IN on the matter OF the
jurisdiction of the court
In arguing the matter, Judge Mckay
took the position that court of equity
had no right to interfere with an fn1unc-
ton in the affairs of a municipality and
that the proper course TO pursue was the
bringing of an action for damages in
j
and presented authorities at some length
in support of this position
Replying for the plaintiff Mr.. Richards
admitted all that had been said concern
ing the bringing of a suit for damages.
but in this instance it would be impossible
for plaintiff to compute the measure of
damages which would be Just and equit-
able. The city might order a certain
amount of work and II might not: how
then could plaintiff state in a complaint
what the measure OF damage would be-
The (O1rrt-Yqn COnl6 make
innate at the end of the sprinkling sea-
son and then bring your suit.
Mr.. Richa-ds-But this contract runs
for three years and your honor Will see
at once that we cannot bring three suits
for damages on one contract
Continuing the attorney said the meas
ure of damages would include the cost OF
the horses and wagons necessary to do
the work: the cost of the work or the
could not properly be passed upon by any
one or proven by anyone prior to the
bringing of d suit Then how can a meas
ure of damage be estimated?
The Cou-t-YOu can prove that at suit
at law as well as an action in equity.
Yes. but we think the only way we can
prepared to prove BY evidence that de-
PENDANT in this action is about to violate
its contract.
Judge Loofoourow followed in an argu-
ment based on a similar hypothesis. and at
the conclusion the court denied the aD-
plcation for an injunction. saying he
thought at the time the order was issued
for a temporary restraining order there
was grave doubts as 10 whether 1t should
issue or not. The claim is made that de-
PENDANT is about 10 violate a contract. IL
that is done plaintiff has a remedy at law.
This question had been decided by the
court before. in several instances. and the
decision had been when no adequate rem
edy existed then an injunction should ap-
ply. In this case he was not satisfied that
a remedy did not. exist at law. and the
temporary injunction was dissolved
Mr.. Richards took an exception to the
ruling OF the court. but whether he will
be determined.