Schmidt

This appeal is from an order refusing to dissolve an injunction. As the injunction was granted upon a verified complaint, it may be conceded that the court, in its discretion, could have refused to dissolve the injunction, provided the complaint states facts sufficient to show that the restraining order should have been granted in the first instance. The complaint sets forth a written contract, by the terms of which the plaintiff and defendants, after reciting that they were engaged in the butcher’s business in the city of San Francisco, mutually agreed “not to handle trading stamps, vegetables, or to give premiums as inducements tending to draw trade from one of us to the other, with the exception of calendars or New Tear’s cards, which may be distributed by either.” The complaint then alleges that about the sixteenth day of January, 1902, the defendants, in violation of said agreement, “did handle and give trading stamps, vegetables and other premiums,” and that they are continuing and will continue to do so, to the great detriment and irreparable injury of plaintiff’s business; that pecuniary compensation will not afford adequate relief, that a restraining order is necessary to…