[Download] "Santa Claus v. Santa Claus Santa Claus" by 428. Supreme Court of Indiana No. 27 " eBook PDF Kindle ePub Free

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eBook details

• Title: Santa Claus v. Santa Claus Santa Claus
• Author : 428. Supreme Court of Indiana No. 27
• Release Date : January 29, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

FANSLER, J. The appellee was the plaintiff and the appellants were the defendants below. All of the parties, except the appellant Edward Overton, are Indiana corporations. In the first paragraph of complaint it is alleged that the plaintiff was incorporated for the purpose of manufacturing and marketing toys and greeting cards, and to sell advertising service, and to engage in other activities incidental thereto; that its home office and place of business is at the Town of Santa Claus; that in carrying on its business the plaintiff leased certain tracts of real estate in and adjacent to the Town of Santa Claus; and that it leased from one George Reinke and wife certain real estate, approximately thirty-two acres in extent, for a term of twenty-five years. The lease provides that the lessee shall have the exclusive right during the term of the lease ""to conduct on said real estate any and all business having any relation to the Santa Claus idea, such as manufacturing and selling of toys and each and every article, item or thing having any relation to, connection with, or spirit of Santa Claus in the latter's traditional and commercial relation to Christmas time."" It is specified that these activities shall include the manufacture and sale of Christmas cards and Santa Claus advertising, and the mailing of advertising, etc. It is also provided that during the term of the lease the lessee shall have the exclusive right to erect buildings and structures on the land for the manufacture of goods, wares, and merchandise and for entertaining the public. There are other incidental matters covered by the lease. The consideration for the lease is thirty shares of the capital stock of the plaintiff. It is alleged that after the execution of the lease, and with full knowledge thereof, the defendant, Edward Overton, procured the fee-simple title to the real estate involved from George Reinke and wife, and that thereafter the said Overton conveyed the property to the defendant, Santa Claus, Inc. It is alleged that, for the purpose of injuring the plaintiff in the carrying out of its business, the defendants are wrongfully erecting, and threatening to erect, buildings of various kinds on the leased premises, to be used in connection with the Santa Claus idea, and that the defendants are engaging in the business of selling toys on the leased premises, and otherwise violating the terms of the lease. It is alleged that the defendants have no property adequate to satisfy the plaintiff for its damage and loss occasioned, and to be occasioned, by the violation of the lease, and an injunction is prayed to protect the plaintiff's rights under the lease.

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