LOCAL FINANCE COMPANY OF SHELBY v. Jordan
Cases that cite this one
2 later published cases cite this decision.
- A.E.P. Industries, Inc. v. McClure (N.C. 1983)
- In re the Application for Reassignment of Albright (N.C. 1971)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The plaintiff seeks to restrain the breach of a written contract the parties executed. True, the validity of that contract is in dispute. Ordinarily, a -court of equity should not resolve a serious dispute without a full hearing on the merits. “It is generally proper, when the parties are at issue concerning the legal or equitable right, to grant an interlocutory injunction to preserve the right in statu quo until the determination of the controversy, an-d especially is this the rule when the principal relie-f sought is in itself an injunction, because a dissolution of a pending interlocutory injunction, or the refusal of one, upon application therefor in the first instance, will virtually decide the case upon its merits and deprive the plaintiff of all remedy or relief, even though he should be afterwards able to show ever so good a case.” Coach Lines v. Brotherhood, 254 N.C. 60, 118 S.E. 2d 37; *129 Boone v. Boone, 217 N.C. 722, 9 S.E. 2d 383; Cobb v. Clegg, 137 N.C. 153, 49 S.E. 80.
Under the circumstances, Judge Pless was justified in continuing the restraining order to the final hearing. Consequently .the order is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.