Smyrna times., 1923-03-14
DAMAGES OF $4,000 AWARDED
IN SCOTTON VS.. WRIGHT CASE
MUCH DISCUSSED SMYRNA CASE
ENDS IN VICTORY FOR SCOTTON
Lengthy Legal Battle Terminated Yes
terday Afternoon After Four Day
SessiOn-\Ow In to Chancellor

SeSSlOn-NOW p 10 NndnCeilOF
A lengthy legal battle which has
lasted for months, terminated yester-
day afternoon, subject TO the approval
of the Chancellor and the right of ap-
peal, when the special jury, drawn to
assess damages in the case of George
P. Scotten and Sons vs.. George D.
Wright and Son, automobile merch-
ants and garage men of Smyrna,
brought in a verdict assessing damage
against the WrightS in the amount of
$4,000. The original action which was
brought by the Sections, before the
chancellor a year or more ago and
which asked for an injunction restrain
ing the WughtS from doing certain
automobile business in the town of
Smyrna or adjacent thereto, grew
out of a contract made when the Scot
tons purchased the building, equip
ment and good will of a garage buSi-
ness previously owned and conducted
by the Wrghts in Smyrna. Not
withStanding their contract to he con-
rary, the Wrights built a garage just
to the south of the Smyrna town
limits and proceeded to engage in the
automobile business. Shortly there
after the Sections through their attor-
neys, William NJ. Hope, Esq, of Do
Yer and James Boyce, Esq, of Viii
mington, asked that an injunction be
granted restraining the Wrights from
doing a general automobile business
and asking that they be limited to the
sale of Buick cars, Buick parts anC
Buick repairs, as excepted on theil
contract. The chancellor granted thai
injunction, whereupOn the Wrights
through their attorneys, William H
Boyce, Esq, of Dover and D. o. Hast
ings, Esq, of Wilmington, took out
writ or error and carried the case t,
: the Supreme Court of the State. TIL
Supreme Court, after lengthy argu
ment by counsel for both sides, con
firmed the chancellor's ruling an
thereafter the chancellor made the in
2 junction permanent and directed tha
t special jury be drawn to assess tn
: before which the argument has bee
t made and which after a session last
e ing four days, retired to their room
yesterday afternoon and brought i
r the verdict which assessed against tn
e Wrights the amount referred to abov
5 as well as the costs of the suits up t
n the present time.
Case Now Returns to the ChancellC
|, This finding of the jury will now 9
n to the chancellor, who will then d,
= eide whether in his judgement Il
o amount is sufficient or. excessive ar
a he will assess damages, bearing
e mind the advise given him by tn
t, jury. The chancellor can find eth,
y in the same amount found by the jul
l. or in a greater or a less amour
o whichever, in his good judgement,
d thinks fair and equitable. Either 81,
g can, if they see fit, after the findir
Y of the chancellor, carry the case to
II higher court. Both sides in the vel
IS tenaciOusly fought case, were repr
L sented by as good legal talent as the
e is in the State, which was probab
d responsible for the scores of interes
IS ed spectators who frequented the Ke
p County Court House during the emit
a trial.
'd Chief Justic PennewiIl Charges Jur
ut The charge by the Court to the jur
rs in which Chief Justice Pennewill la
IN down to it the law in the case, WI
le considered by everyone an absolute
fair and unbiased statement of Il
limits of the jury's power and its I
H SpOnsibilities. Justice Rice and Ju
tice Rodney were on the bench duril
DR. the entire presentation of the eviden
and argument of counsel and Il
~ charge delivered by Chief JUST
- Pennewill was of course, the findir
"a end charge of the whole court 81
=, ting.