90 So. 904 | Ala. | 1921
This is an appeal from an order dissolving a temporary injunction, issued on a bill filed by appellant against appellee to restrain appellee from violating the obligation of a contract whereby appellant purchased of appellee his "taxicab business," cars, and "good will" as defined in the writing. The report of the appeal contains the contract. The submission, on motion to dissolve, was on "bill, sworn answer of respondent, affidavits introduced by complainant [appellant], and oral testimony of respondent."
For the appellee it is contended that the omission to provide a note of testimony (Chancery Rule 77; Civ. Code, p. 1552) on the hearing of the motion to dissolve operates to debar appellant from consideration or relief on this appeal. Just the converse is true, if chancery rule 77 is applicable. See Jackson v. Hooper,
The particular provision of the contract the breach of which is sought to be prevented through this bill for injunction — an appropriate remedy in proper cases (Harris v. Theus,
The decree dissolving the injunction is reversed. The cause is remanded for further proceedings consistent with this construction of the contract.
Reversed and remanded.
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur. *493