But as yet these expectancies were not considered property in
the full sense of the word. A transitional case is that of Brace Bros.
_v._ Evans in 1888.[36] In that case an injunction against a boycott was
justified on the ground that the value of the complainant's physical
property was being destroyed when the market was cut off. Here the
expectancies based upon relations which customers and employes were
thought of as giving value to the physical property, but they were not
yet recognized as a distinct asset which in itself justifies the
issuance of injunctions.
This next step was taken in the Barr[37] case in New Jersey in 1893.
Since then there have been frequent statements in labor injunction cases
to the effect that both the expectancies based upon the
merchant-function and the expectancies based upon the employer-function
are property.
But the recognition of "probable expectancies" as property was not in
itself sufficient to complete the chain of reasoning that justifies
injunctions in labor disputes. It is well established that no recovery
can be had for losses due to the exercise by others of that which they
have a lawful right to do.
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