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Abstract

A complaint praying for an injunction alleged that plaintiff, a retail dealer in automobiles, sold defendant an automobile in good condition; that defendant complained of the steering and demanded a replacement of the parts; that upon inspection, the steering apparatus was found to be in good condition and defendant's request was refused; that thereafter defendant carried signs on the car indicating that it was defective and that plaintiff would do nothing about it; and that he did this, knowing that his claims were false, solely for the purpose of injuring plaintiff and to extort money from him. On overruling a demurrer to this complaint and affirming a final decree which awarded an injunction, the court held that the owner of a business which is damaged as a result of a continuing course of malicious misrepresentation is entitled to injunctive relief. Menard v. Houle, (Mass. 1937) II N. E. (2d) 436.

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