TABOR & CO. V. MCNALL 333 N.E.2d 562 (1975) CASE BRIEF

TABOR & CO. V. MCNALL

333 N.E.2d 562 (1975)

NATURE OF THE CASE: This was a dispute over an injunction from proceeding in a duplicative lawsuit in another state.

FACTS: Tabor, a Nevada corporation that was authorized to do business in Illinois contracted with McNall for the purchase and delivery of grain. McNall, a Wisconsin corporation, was to deliver the grain to Tabor in Illinois. There were seven contracts for delivery in all and they were negotiated by phone between the offices of the corporations in Illinois and Wisconsin and written confirmations were sent from Tabor to McNall. McNall partially performed and then defaulted. Tabor (P) filed suit on the contract in Illinois. McNall (D) then filed suit in Wisconsin admitting default on the contract and seeking to limit its damages. D made a limited appearance in Illinois to contest jurisdiction. That motion to quash service of process was denied. Three weeks later P petitioned the Illinois court to enjoin D from proceeding with his Wisconsin suit. P also filed a petition for a writ of prohibition with the Wisconsin Supreme Court to arrest the progress of the suit in Wisconsin. That writ was denied. The Illinois court then issued a writ of temporary injunction against D from proceeding with its action in Wisconsin. D proceeded with the action and a verdict was rendered just 5 days after the Illinois writ. P then filed a petition to show cause why D should not be held in contempt for disobeying the Illinois court order. D then appealed the Illinois order contending that the trial court was in error.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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