R. S. Bowling v. National Convoy & Trucking Company

DAVIS, J. -- Assignments and cross assignments of error present two points on this appeal: (1) whether the contract sued on is a simple contract of employment, or a contract for the creation of an agency coupled with an interest, and (2) whether a court of equity in a proper case has power to grant interlocutory relief mandatory in form. The appeal is from an interlocutory order holding that the written agreement in controversy did create an agency coupled with an interest, but finding that as interlocutory relief could only be afforded by a temporary injunction in from partly prohibitory and partly mandatory, that such interlocutory relief should be entirely denied because of a supposed want of authority in a court of equity to grant such relief as that sought, on the interlocutory proceeding.