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CAMPBELL SOUP CO. v. WENTZ

January 28, 1948

CAMPBELL SOUP CO.
v.
WENTZ et al. SAME v. LOJESKI



The opinion of the court was delivered by: BARD

This matter comes before the Court on plaintiff's motion for a preliminary injunction.

Plaintiff filed its complaint alleging that it had a contract with the defendants George B. Wentz and Harry T. Wentz, providing that the defendants would grow carrots of the Chantenay red cored type and harvest and deliver them to the plaintiff. The plaintiff further alleges that defendants Wentz had failed and refused to deliver any of the carrots to the plaintiff, and in their complaint against the defendant Walter M. Lojeski have alleged that Lojeski, with full knowledge of the existence of the contract between plaintiff and the Wentzes, induced the Wentzes to effect a breach of their contract and to sell to Lojeski all or a large part of the carrots, and the complaint further alleges that the Wentzes did in fact deliver to Lojeski certain amounts of the carrots.

 Plaintiff alleges that it is without remedy at law and has moved for a preliminary injunction against the Wentzes, praying that they be enjoined and restrained from selling or delivering any of the carrots raised by them to any person other than the plaintiff, and that they be enjoined and commanded to deliver all of the carrots to the plaintiff.

 Plaintiff likewise prays that defendant Lojeski be enjoined and restrained from selling or disposing of any of the carrots which Lojeski has obtained from the Wentzes.

 Findings of Fact.

 1. Campbell Soup Company, the plaintiff in both actions, is a corporation duly organized under the laws of the State of New Jersey, with offices and principal place of business located at Camden, New Jersey.

 2. The defendants in the one action are George B. Wentz and Harry T. Wentz, who are farmers engaged in the growing of various products, including carrots, and reside in Upper Dublin Township, Montgomery County, Pennsylvania.

 3. The defendant in the other action is Walter M. Lojeski, who is engaged in the purchase and sale of various products, including carrots, and resides at Hatboro, Pennsylvania.

 4. The jurisdiction of this Court in each action is based upon diversity of citizenship, and the amount in controversy, exclusive of costs, is in excess of the sum of $ 3,000.

 5. Plaintiff is engaged in the manufacture of Campbell's Soups and other food products.

 6. On June 21, 1947 plaintiff entered into a written contract with the defendants George B. Wentz and Harry T. Wentz, wherein the defendants agreed to deliver to the plaintiff all carrots of the Chantenay red cored type to be grown on 15 acres of the defendants' land.

 7. The contract provided for payment for the carrots so delivered at rates ranging between $ 23 and $ 30 per ton, depending upon the date on which the carrots were delivered to the plaintiff.

 8. The defendants George B. Wentz and Harry T. Wentz harvested a total of 200,000 pounds of carrots from the 15 ...


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