Cabana Nutria, Inc. v. The Way, Inc.

Plaintiff appeals from two orders which have the effect of denying a preliminary injunction, dissolving a temporary restraining order and vacating upon the court’s own motion the entry of default of defendant, The Way, Inc.

Plaintiff seeks to enjoin performance of an agreement between defendants W. S. Curtis and Associates and The Way, Inc., which is asserted to be violative of its own rights under an existing contract between plaintiff and defendant, The Way, Inc. Plaintiff’s contract confers upon The Way, Inc. exclusive distributorship of plaintiff’s nutria animals within certain specified counties of southern Florida. The distributor is named in the document as “The Way, Inc. (Victor P. Wierwille, Pres.) dba Cabana Nutria of Southern Florida.” Paragraph 7 says: “Distributor will buy and sell Nutria supplied to him by Corporation exclusively, and will not buy or sell Nutria from any other company, corporation or individual, except the Nutria supplied by Corporation.” Giving this language universal import plaintiff claims that the contract between the Curtis company and The Way, Inc. (actually made before knowledge of plaintiff’s contract) invaded its own rights and should be…