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Show SESSIONS DENIES INJUNCTION PLEA ( i i Claims Federals Did Not Come Into Court; With "Clean Hands." . CLAUSE? INVALID )7 Killifer Scored: as Unreliable Court of Equity Does Not Protect Unfair Practices. Grand Rapids, ,,1MIch., April 10. I Judge Clarence W. Sessions, in the I United States district court, today denied the application of the Chicago Federal league club for an injunction enjoining Catcher William Killifer. jr., from playing . with the Philadelphia Philadel-phia National league club. The judge denied the application on the ground that the Chicago Federal league club did not come into court "with clean hands." The decision also holds the reserve clause is not valid. The decision holds that- the contract con-tract of January 8, 1914. by which Killifer agreed to play with the Chicago Chi-cago Federal league club, and the contract con-tract of January J20, which he made on jumping back .to the Philadelphia National league club, arc "in form valid and binding on the parties thereto." Killifer Is Scored. Killifer is scored for making the contracts, the decision reading: "This record shows that the defendant defend-ant Killifer is a "baseball player of unique, exceptional and extraordinary skill and expertnoss. Unfortunately the record also shows that he Is a person on whose pledged word little or no reliance can bo placed or who for gain to himself, neither scruples nor hesitates to disregard and violate bis express engagements and agreements." agree-ments." After conceding the validity of the 1U14 contracts, the decision says: Questions to Decide. "The questions here presented and requiring consideration are those: "First, arc the provisions of tltc 1013 contract between tbe defendants relative to the reservation of the player for the succeeding season, valid val-id and enforcable? and, "Second, arc the plaintiffs by their own conduct, barred from seeking relief re-lief in a court of equity? "The leadingtoTnorlties, with pos sibly one exception, are agreed that the executory contracts of this nature can neither be enforced in equity nor form the basis of an action at law to recover damages for their breaches. breach-es. The reasons for the decisions arc that such contracts are lacking in the necessary qualities of definiteness, certainty and mutuality. 1913 Contracts Lacking. "The 1913 contract botween these defendants, relative to the reservation of the defendant Killifer, for the season sea-son of 1914, is lacking in all of these csseniial elements. It is wholly uncertain un-certain and Indefinite with respect 10 salary and also with respect to terms and conditions of the proposed em ployment. It is nothing more than a contract to enter Into a contract in the future, if the parties can then agree to contract. Although it is founded on sufficient consideration, it lacks mutuality because the Philadelphia Phila-delphia club may terminate it at any time on ten days' notice, while the other party has no such option and is bound during the entire contract period. peri-od. A contract exists, but, if broken bro-ken by either party, the other is remediless because the courts are helpless either to enforce its performance perform-ance or to award damages for its breach. "Clean Hands" Cardinal Principle. "The principle embodied in the maxim, 'He who comes into equity must come with clean hands,' is a cardinal one lying at the foundation of equity jurisprudence. The principle prin-ciple thus broadly enunciated Is peculiarly pe-culiarly appropriate and applicable to cases like tbe present one where relief re-lief will not be granted as a matter of strict right, but must result from tlie exercise of a sound judicial dls cretion. Measuring aud testing their conduct by this rule, are the plalntlfrs In court with clean bands? Knowing tbat the defendant Killifer was under a moral If not a legal obligation to furnish his services to the Pennsylvania Pennsyl-vania club for the season of 1914, they sent for him and by offering him a longer term of employment and much larger compensation Induced him to repudiate his obligation to his employer. em-ployer. In so doing a wilful wrong was done to the Pennsylvania club, which was none-lhe-lcss grievous and harmful because tbe Injured party could not obtain legal redress in and through the courts of the land. Can It be doubted that If the plaintiffs bad not interfered. Mr. Killifer would have carried out his agreements with the Philadelphia club in honestv nnd good faith? Both Open to Censure. "Killifer expected to derive a benefit bene-fit and a profit from their contract and both knew that such contract If performed would work a serious injury in-jury to tho Philadelphia club. The conduct of both is not only open to criticism and censure, but is tainted with unfairness and injustice, if not with actionable fraud. To drive a shrewd bargain is one thing and to resort to unfair and unjust practices and methods in order to obtain an advantage ad-vantage over a business rival or competitors, com-petitors, is another. Courts of equity may protect and enforce the former, but will not sanction nor lend their aid to the latter. While it is true that the plaintiffs and Mr. Killifer have entered into a legal and binding1 contract for the breach of which the one may be compelled to respond In damages to tbe other, it 13 also true that, because both have acted wrongfully wrong-fully and in bad faith, a court of equity will neither adjust their differences dif-ferences nor balance their equities. Injunction Is Denied. "The motion for an Injunction must be denied; not because the executory part of the 1913 contract between the defendants was of superior or any legal force and effect; not because tbe contract between plaintiffs and defendant de-fendant Killifer Is not In itself such a 0110 as tlie courts will enforce; not because there are any equities In Killifer's favor which excuse or exempt ex-empt him from the performance of bis engagements; and not because the merits of the controversy aro with the Philadelphia club; but solely because the actions and conduct of the plalu-tiffs plalu-tiffs in procuring the contract, on which their right to relief is and must be founded, do not square with one of the vital and fundamental principles princi-ples of equity which touches to the quick tbe diginlty of a court of conscience con-science and controls its decision regardless re-gardless of all other considerations." Attorney Stuart E. Knapp, local counsel for the Chicago Federal league club, after receiving the decision of Judge Sessions, said that the Chicago Federal club would now probably bring suit for damages against Killifer. |