The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-03-31
ALLEGED LIME
TRUST BEATEN
Thomas Mannix, According
to Judge Hunt, Not Bound
to Live Up to Agreement
INJUNCTION is DENIED
Court Holds Contract Be
tween Corporation and
Contractor Is One-Siaed

Thomas Mannix, contracting plaster
81. won a victory over an ssilsged time
trust yesterday ia Judge Hunts court
is decision denying the Henry coweIt
lime and Cement Company an injTnc-
9icsI restraining Mannix from pur-
chasing time fFom any but the plaintiff
corporation. Judge Hunt held that as
the contract signed by AIannix, III
which il was agreed that for period
Os a year he would not purchase lime
from any but the plaintiff, could not
De enforced against the plaintiff in the
event that il elected TO violate the
agreement. it could not be enforced
against the defendant.
The contract sued on, says Judge
Hunt. is not only lacking in mutually
OF obligation but it would be wholly i'm
practicable for q court OF equity to
formulate a decree which would be
efficient in securing q specific perform
Hnpe OF the conditions upon The part OF
/ the plaintiff IN the event OF q breach
thereof by the plaintiff. The decision
holds that a contract entered into he
tween Il consumer and producer
which compels the consumer 80 use only
certain article is void, unless the
power to void the contract, claimed by
/ the producer under certain conditions,
I Is vested also in the consumer.
SIGNS AGREEMENT.
The Henry Cowell Lime and Cement
Company. in December OF last yeaE,
prevailed upon Mannix To sign an
agreement tn use only It's lime, the
/. company agreeing TO furnish him, until
December OF this year, line az 81 30 a
barrel. ManniK agreed mot so buy, or
TO agree 70 buy. or 20 agree 20 use
any other lime than ghe plaintiff s.
After December, 1909, the plaintiff was
TO provide ManniX with lime az the
lowest market price. provided il did
not go below 80 cents per barrel, in
which event Il was optional with the
company to sell the defendant lime,
II the plaintiff declined 10 sell iime 10
the defendant for less than Gha'
amount he might purchase elsewhere
until plaintiff notified him that it would
sell him slime at the prevailing pgice
In this event defendant was 10 agair
purchase line exclusively from the
plaintiff and to continue purchasing
/. as long as the plaintiff sold att the
prevailing market price, The contraci
also provided that if ManniX ever beA
came a member of any trade associa-
ton and was subsequently expelled
therefrom the plaintiff might, at its
option. cancel the contract.
In answer to the charse that he had
violated this contract MaRhix charged
49, a. ,1af,tfNf a,d +Y~r uoIroac fVna
Company had formed lime trust
TO control the price and Snonopolize the
lime trade of the coast and that the
coInbination had entered into an agree
ment with the Contracting Plasterers
Association. not: TO. sell aime to any
plasterer. not a member of the associa,
ton In support OF this charge Mannix
ssys that. white he was under sus-
pc nsion from the PIasteIers' Associa-
tion he could. nos PURCHASE lime at any
cost, not 'eyen Cor cash, from either OF
the CORPORATIONS. BecaBse Of his fail
uTe. to get lime he says he WIS forced
30 siga the agreement with tfe
pishf.iff. .
:. MAKES THREsAF.
7. He sIso. charged that tie was induced
10 sign eles agreement under .comp1t
! SION. feaijng that un.ess he did so ilf
would not. be showed TO- continue "A
business, and he says further this
president of the Holmes Lime Conpan5
suE!clv ststsS thss' he would put hin
.qMannix) out of business fnside o
three months.s.'
Most OF tshe.'cEarges liz. Mannisl's .affi
daSrit were denied 6y the plaintiff il
Counter smdavits. but it did not desn.
that the president of ting Holmes .Lins'
sCgnpsny threatened to sut. Mannix GU
cot business Neither did it deny thi
the cost of'prs9ncing liGie ranged from
: Is 10 so cents a barfel,. as Manni1
stated, 6r.that there .existes! IAN agfee
ment to sell lime only to members o
the Psasterers' Association. ::
Judge Hunt denies The Injunction OF
one point. the elaisn th&t the.scontrac
is not equitable. sIn connection witt
this. he says:
, cit is a cardinal .fule. of equity tina
the specific performance or an obliga
I ton viii never be enforced. unless tn
party seeking such specific performance
could, in sturn, haye been. compelled Il
specifcafly perform the obligation
thereof upon his part. eff. the coptrae
therein does not exhibit such mu
stuality of obligation it cannot be speclf
ically enforced; and. if it cannot bi
specifically enforced, the injurstioi
sought herein must be denied. becaus'
such injunction, if granted, would b.
a quasi decree of specific performance.
Montgomery Park Racing.
MEMPHIS. Tenn. March 30.-Montgomer.