LEGAL PHASES OF COOPERATIVE ASSOCIATIONS. , 49 
It is now well settled that, when the chattels are such that they are not 
obtainable in the market or can only be obtained at great expense and incon- 
venience, and the failure to obtain them causes a loss which could not be 
adequately compensated in an action at law, a court of equity will decree 
specific performance. 
It will be appreciated from what has been said that whether a 
decree for specific performance will be granted in a given case 
depends upon the facts. 
If the commodity called for by the contract is one which can be 
obtained only from the party in question, or if it can not be readily 
purchased in the market, then a decree for specific performance will 
generally be allowed. In a New Jersey case 46 the plaintiffs, who 
conducted a canning factory having a capacity of about a million 
cans of tomatoes, applied for the specific performance of a contract 
whereby the defendant agreed to sell to them all the tomatoes grown 
on certain land. The contract was specifically enforced on the 
ground that the evidence showed that preparations for the season, 
which lasted but six weeks, had been based on the capacity of the 
factory and that tomatoes of a similar kind could not be obtained 
when needed. The court said: 
The business and its needs are estraordinaary in that the maintenance of all 
of the conditions prearranged to secure the pack are a necessity to secure the 
successful operation of the plant. * * * The objection that to specifically 
perform the contract personal services are required will not divest the court of 
its powers to preserve the benefits of the contract. Defendant may be re- 
stricted from selling the crop to others, and, if necessary, a receiver can be 
appointed to harvest the crop. 
The remedy of injunction is often employed to supplement a de- 
cree for specific performance, especially in cases like those now under 
discussion." 
INJUNCTIONS. 
An injunction is an order issued by a court of equity requiring a 
party to do or refrain from doing certain acts. 47 Injunctions are 
usually issued to prevent a threatened injury or to restrain the doing 
of wrongful acts. They are less frequently granted to require the 
performance of certain acts. Whether an injunction will be issued 
depends upon certain well-established equitable principles. It is 
generally said that the granting of an injunction rests within the 
sound discretion of the court and that one can not be obtained as a 
matter of right. However, if the case made out by the applicant 
for an injunction is perfectly clear, and all the requirements of the 
law for the issuance of an injunction have been complied with, he is 
entitled to an injunction as a matter of right. 48 
46 Curtice Bros. v. Catts, 72 X. .T. Eq. 831, GG Atl. 9.°>5. 
a Oregon Growers' Cooperative Association v. Lentz, (Oregon) 212 Pac. 811. 
* 7 22 Cyc. 740. 
48 Sullivan v. Jones & L. Steel Co., 208 Pa. St. 540, 57 Atl. 1065, GG L. R. A. 712. 
40024°— 23 4 
