The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1914-01-29
GORDON LOSES INJUNCTION
Notice Is Given That Case viii be APP
pealed to Supreme Court and Attor-
torneys Will Seek final Courts Rul-
ing on Much Discussed Lease.

Judge Belden fled decision in the
circuit court this morning settling the
validity of the beer clause in the
brewery lease and he upheld the clause.
The decision was filed in the two suits
brought by James w. Rose against R..
r. Gordon and under one holding of the
court the plaintiff will have possession
OF the property now occupied by Cor
don under an unlawful detainer act
and under the other Gordon is per-
manently RESTRAINED from selling any
beer save that furnished to him by the
plaintiff. The court holds that the fact
that the two decisions may appear in
consistent does not in any way inter
fere with the legal holding in either
Of the propositions.
The fight between Rose and Gordon
has been watched with lot Of inter
est on account of the fact that it call
ed into question the validity Of a
clause in lease which provided that
the defendant should use only the beer
sold by the plaintiff. Gordon had leas-
ed building which was owned by the
plaintiff or Of which he had lease
and later he bought the building. I'm
der the original lease the provision was
made that Gordon sell nothing but the
beer manufactured by the P. Schoen-
hofen Brewing Company of Chicago
After he purchased the building Cor
don refused to abide by this clause of
the lease. Later Rose brought an ac-
ton for unlawful detainer in the NUM-
cipal court and Judge Randall gave
him possession of the building. Cor
don at once appealed the case and
pending the settlement of the appeal
Attorney A. L. Drury, who represent
ed Rose, secured a temporary iniunc-
tion to restrain the defendant from
selling any beer save that named in
the lease.
Judge George w. Taylor represented
the defendant in an effort to have this
injunction set aside. In his pleadings
Judge Taylor insisted that the P.
Schoenhofen Company was a foreign
corporation and as such could not en-
ter into the lease in question under
the Wisconsin law. Judge Belden held
that the Schoenhofen company did not
appear as party to the action and
that the lease was made between Rose
and Gordon and that under the law
Gordon must meet every provision of
his lease. The motion to dissolve the
injunction was denied and the court
also affirmed the, decision Of the lower
court on the order to give Rose posses
sion OF the property under lease. It is
not known what further action will be
taken in the case, but the attorneys
hold that the question is a most i'm
portant one and it is probable that an
appeal to the supreme court will be
taken.
In holding on the provisions of the
lease regarding the sale of a certain
brand of beer, Judge Belden says:
That the terms of the contract be-
tween Rose and Gordon have been vio-
lated by Gordon is undisputed The
court is of the opinion that to COM
pei the plaintiff to pursue strictly legal
remedies would result in multi
plieity of suits, resulting in great diff
fculties If not impossibility of reason
ably establishing damages, that the
plaintiff has not an adequate and APP
remedy at law, that if equity
does not interfere the object of the
action may be defeated and the plain
tiff suffer irreparable injury and that,
therefor the motion to dissolve the
temporary injunction should be de-
MED.