No judge will EVER grant injunctive relief in this situation. This is not a case for a TRO, Prelimanry injunction or an injunction.
What XCHO would have to do is sue for specific performance.
In either situation, the process would involve a trial and mounting legal fees. A TRO is a pre trial order to avoid "the tree from being cut down" before a final adjudication can be achieved. In this case there is too much evidence of bad faith and non performance on Frank's side for any judge to act before trial. There is no "tree falling down."
If anything, Rik can turn the tables and ask for specific performance to make Frank honor XCHO's side of the deal! Frank has violated the contract - and no judge will care about technically whether Frank barely met minimum sales standards.
Any lawyer can Sheppardise this case and find legions of legal precedent that says Frank has no leg to stand on.
Since Frank has no money and has obviously given up on the contract - as per his behavior of not fullfilling his side of the bargain - no jury in the world would back him up even if it went through trial.
More important, Frank does not have the money or inclination to sue and be part of a long messy legal action. If Frank does not have the stomach, skills or money to market the product, where would he come up with the same to sue? No serious lawyer would ever take his case.
As for a non interuption of supply clause, that is aother non starter. Frank can't even sell his own supply! Why would someone who has no money, sales that are drying up, and no success even attempt such a manuever? It is the same problem that Frank has failed at. Where is he going to get the money and inclination to try again? No one would believe him if he tried. And I can't believe that he is stupid enough to bang his head against the wall to even think about trying. Again, no lawyer would ever take this case.
In sum, Frank violated the contract by:
1 - Not delivering the Ad campaign as promised
2 - Not delivering the sales as both parties intended.
3 - Not acting in good faith as per 1 & 2 above by delaying the campaign for over 3 months and not spending what was required to do the job.
4 - Walking away from the deal by hiding and by admitting failure in his public statement to change businesses by going into real estate.
5 - No one can force someone to do business with another person. NPHC has already put in place a strategy (ineptly handled) to cannibalize Cobroxin with Nyloxin.
This dog won't hunt. Frank is beaten and he does not have a legal basis to sue. Frank has moved on and investors should do the same.
AI
