DocketNumber: Docket No. 84
Judges: Bird, Brooke, Kuhn, Moore, Sharpe, Steere, Stone
Filed Date: 12/22/1919
Status: Precedential
Modified Date: 11/10/2024
The plaintiff in this case operates a store in which he sells ready-to-wear ladies’ goods in the city of Flint. On March 19, 1917, he entered into an agreement with defendant Harry Diamond by the terms of which he leased to Diamond certain space in his store for a consideration of 10% of the gross sales made by Diamond, the minimum to be $125 per month. The agreement covered a period of three years
“The party of the first part hereby also agrees to furnish light, heat, water, local telephone and janitor services; also window space for a proper display of millinery, also all necessary wrapping paper and twine that may be required by the party of the second part in his said millinery business.”
So long as the plaintiff himself was in charge of his own business the parties seem to have been able to get along without friction; In June, 1918, however, plaintiff entered the military service of the United States and later was sent to Russia. In his absence he turned over the management of his store to other members of his family. He gave a power of attorney to his father, Solomon Goodman, but two or more of his brothers were active in the store. Very soon after his departure difficulties arose between his representative and the Diamonds, husband and wife, 'with reference to the window space to be used in the display of the Diamond merchandise. These disputes were very acrimonious, resulting upon at least one occasion in actual physical violence. The situation becoming intolerable, plaintiff, through his father, as attorney in fact, filed his bill of complaint praying for an injunction temporary and permanent against the Diamonds, husband and wife, restraining them from the use of profane and obscene language in the store either towards each other or toward the agents or employees of either the plaintiff or defendants, and further that the said Diamonds, husband and wife, be restrained from using physical violence toward any of the agents or employees of plaintiff or any of their customers. A further prayer for relief is that the lease agreement subsisting between the parties be canceled and held for naught. Upon the filing of his bill a preliminary injunction issued in accordance with its prayer restrain
From a careful perusal of the record we gather that while defendants were not always afforded a position for display in the front of one or the other of the windows, yet that such display was customarily so placed. We are, therefore, of opinion that the court made a proper determination of that question in the interest of harmony, the quoted part of the agreement
The decree of the court below is affirmed, but without costs.