66 N.J. Eq. 339 | N.J. | 1904
The opinion of the court was delivered by
Oh April 3d, 1903, the defendants agreed to receive of complainant “a sufficient number of trading stamps, to be supplied as a discount for cash trade to all persons who may call for them,” to pay complainant for all stamps disposed of and “not to use any other coupons, trading stamps or similar device during the existence of this contract.” The contract contained also the following clause: “No dry goods, shoes or gents’ furnishing store within two blocks either way to have S. & H. stamps without consent of Vine Brothers.”
The defendants, during the continuance of this contract, used and gave out, to use the words of the answer, other trading stamps to cash purchasers of their goods in lieu of the trading
Whether this construction of the contract is correct need not be -decided. The question whether it is equitable to enforce specific performance against the defendants involves considerations aside from the question whether there has been a breach of contract by the complainant for which an action would lie. The jurisdiction to decree specific performance is based upon the inability of courts to give adequate relief. Brown v. Brown, 6 Stew. Eq. 650, 654; Blake v. Flatley, 17 Stew. Eq. 228; Rothholz v. Schwartz, 1 Dick. Ch. Rep. 477.
The rule is well stated by Vice-Chancellor Pitney in the last-cited case.
In the present case, the injury to the complainant is the loss of a market for their stamps and consequent loss of profit. There can be no difficulty in ascertaining how many of complainant’s green- stamps would have been required if their place had not been supplied by their competitor’s red star stamps, and the complainant’s profit thereon must be a matter of calculation. Assuming that'the complainant has a legal right, the remedy at law is adequate.
The decree should be affirmed, with costs.
For reversal — None.