Hotel New Colonial, Inc. v. James Refrigeration Co.

Motion for preliminary injunction denied.

Civil Action No. M 29887-58 presently pending in Municipal Court is an action in which the defendant in the action here is asserting a claim of $2,939.24 for labor and materials against this plaintiff. The plaintiff here contends that it is barred from maintaining a counterclaim against the defendant in the Municipal Court action because it would exceed the jurisdictional ad damnum of that Court. Relying principally on Smith v. Leigh, 1957, 101 U.S.App.D.C. 225 , 248 F.2d 85, 87 , the plaintiff as a consequence moves that this Court restrain the defendant from proceeding in the Municipal Court until this case is adjudicated.

Examining the complaint in the case at bar, the Court’s attention is focused on two rather interesting aspects which, from the Court’s point of view, are paradoxical: (1) Paragraph 2 of the complaint alleges the existence of a contract between the plaintiff and the defendant, a photostatic copy of which is attached to the complaint, the monetary consideration stated being $1,190, and (2) paragraph 5 of the complaint avers that in violation of that contract the * * plaintiff was required * * * to repair * * * its…