Associated Plumbing Contractors of Marin Etc. Counties, Inc. v. FW Spencer & Son, Inc.

By this action, the plaintiff, Associated Plumbing Contractors of Marin, Sonoma and Mendocino Counties, Inc., a trade association (hereinafter referred to as the Marin Association) and its individual members, the remaining plaintiffs, seek to enjoin the defendant, F. W. Spencer & Son, Inc. (hereinafter referred to as Spencer) from the further prosecution of an action pending before the superior court in San Mateo County, in which Spencer is seeking damages for breach of contract from Associated Construction and Engineering Company of California, Inc., a general contractor (hereinafter referred to as Associated Construction).

A detailed exposition of the facts is necessary for an understanding of the issues presented by this appeal. The Marin Association is a California corporation duly organized and existing as a trade association of licensed plumbing, heating, and air conditioning contractors. All of the individual plaintiffs are members of the Marin Association. In December 1954, the Marin Association adopted and agreed to abide by certain “Fair Trade Practice Rules” which are still in effect. These rules were adopted and have existed for the purpose of insuring fair and open…