Public-domain · open source
OpenJurist

201 Ga. 607

American Oil Co. v. Moorehead

Supreme Court of Georgia

Decided October 10, 1946

Supreme Court of Georgia · decided 1946-10-10

Relies on Imperial Hotel Company v. Martin · Dasher v. Schroer

Decided 1946-10-10

Wyatt, Justice.

¶1Injunctive relief is sought in this case to assist the plaintiff in the recovery of certain equipment allegedly loaned to the defendant under a written agreement which the *611plaintiff had voluntarily canceled. All that is sought is to restrain the defendant from using the equipment and from interfering.with the plaintiff in its efforts to repossess.

¶2It would appear from the proof that the plaintiff .has an adequate remedy at law. No insolvency of the defendant is alleged or proved. The plaintiff seeks to show irreparable damage by proof to the effect that equipment of the kind in question is extremely scarce, that the plaintiff is in dire need of the equipment, and it is “practically impossible” for the plaintiff to secure this type of equipment. This proof falls short of showing such facts as will make a case of irreparable injury and damage. Compare Imperial Hotel Company v. Martin, 199 Ga. 801 (35 S. E. 2d, 502). Accordingly, the plaintiff has failed to show that ample relief can not be had by the ordinary processes of law. See Dasher v. Schroer, 179 Ga. 88 (175 S. E. 382).

¶3The trial court did not err in denying an interlocutory injunction.

¶4Judgment affirmed.

All the Justices concur, except Duckworth and Head, JJ., who dissent.
/201/ga/607 · .json · Public domain