22 Haw. 550 | Haw. | 1915
OPINION OP THE COURT BY
Tlie plaintiff filed its bill in equity in the circuit court of tbe first judicial circuit seeking to enjoin the defendants Hughes, the Variety Film Exchange Company, and Henry Bredhoff from exhibiting a motion picture film, known as Three Weeks, at the Popular Theatre in Honolulu, or elsewhere in the Territory of Hawaii, and from leasing or renting
The circuit judge made no formal order either sustaining or overruling the said pleas, but dismissed the bill as to the de-. fendants the Variety Film Exchange Company and Henry Bredhoff, which may he treated as sustaining, in effect, their plea, hut retained the hill as to defendant- Hughes, which may be treated as overruling, in effect, his plea. The circuit judge refused to grant a temporary injunction against the defendant Hughes and allowed an interlocutory appeal to this court.
The plaintiff insists that it was entitled to a temporary injunction as against all of the said defendants; against the defendant Hughes by reason of the stipulations in his contract, and against the other two defendants on the ground that they are associated with defendant Hughes in the violation of his contract. The principal authority cited by plaintiff to sustain this contention is that of Grow v. Seligman, 47 Mich. 607. A careful reading of this decision shows that the defendant therein, Jacob Seligman, built up and established at Bay City a business in clothing, hats, caps and furnishing goods under the name of “Little Jake;” that he sold same to plaintiffs, representing that
It will be noted that the court in that case did not restrain Joseph Seligman and Frank Rossman, the two defendants who were not parties to the contract in question there, from doing a similar business, but only restrained them from using 'a trade-name. No such question arises here. No question of using a trade-mark or established trade-name or of appropriating the good-will of an established business is involved here. The Variety Film Exchange Company, and its manager, Bredhoff, are not parties to the contract, the violation of which is sought, to be enjoined. There is no allegation in the bill that the defendants, other than Hughes, knew of the existence of such contract. A party to a contract will not be enjoined from breaking it when such action would compel him to break a contract with an innocent third person to the injury of the latter (22 Cyc. 854). Temporary injunctions do not issue as a matter of right except in cases where the right to such relief is clear and beyond doubt. Unless the right to a temporary injunction is clear the same rests in the discretion of the trial court or chancellor, but any abuse of such discretion, either in granting or refusing, will be ground for reversal on appeal (22 Cyc. 746-749). It is not sufficient to state conclusions. The probative facts must be stated in the bill for an injunction or it will be denied (10 Ency. Pl. & Pr.; 925, 926, and authorities cited in note 1, p. 926). “To authorize a temporary injunction the complainant must make ou.t at least a prima facie showing of a right to the final relief” (22 Cyc. 754, 755; Young Chun v. Robinson, 21 Haw. 70, 73). The rule as to enjoining violations of a contract is stated in 22 Cyc. 866, as follows: “Before the court will en
The reason assigned by the circuit judge for refusing a temporary injunction was expressed by him as follows: “I think the Organic Act, as well as the common law, covers tip proposition that the plaintiff is not entitled to this remedy by injunction.” .The circuit judge having retained the hill as to the defendant Hughes, evidently intending to give the parties a final hearing as to the matter of a perpetual injunction against the defendant Hughes, we deem it proper to express our views as to the application of the provisions of section 10 of the Organic Act relating to the specific performance of contracts for personal service to this case. The contract alleged is not a contract for personal service in so far as it relates to the exhibition or dealing in motion picture films, and only to that extent is the contract in question here. It does contain a stipulation wherein the defendant Hughes agreed not to exhibit or deal in. motion picture films in the Territory of Hawaii, and to that extent the contract is not one of the class of contracts which section 10 of the Organic Act provides shall not be enforced, but for a violation of which the parties must be relegated to an action for .
The plaintiff contends that the circuit judge having relied on the Organic Act for authority for refusing the temporary injunction, that the order denying such injunction must be reversed. We do not take that view. It is a well established rule that a judgment, order or decree will be affirmed on appeal if the record shows it to be correct, although the trial court may have given a wrong reason for making it.
The decree appealed from is affirmed without prejudice to the right of the plaintiff to apply for leave to amend its bill, if it should be so advised, with costs to the defendants.