The English court, though at first disposed to apply the doctrine of Lumley v. Wagner to negative promises necessarily implied from an affirmative undertaking,55 has subsequently declined to permit such an extension, and now. seems to have confined the jurisdiction of the court to cases where there is an express negative stipulation;56 or where the express promise is negative in substance though affirmative in form.57 It may certainly be said, as an English judge has said, "I can only say, that I should think it was safer and the better rule, if it should eventually be adopted by this Court, to look in all such cases to the substance and not to the form. If the substance of the agreement is such that it would be violated by doing the thing sought to be prevented, then the question will arise, whether this is the Court to come to for a remedy. If it is, I cannot think that ought to depend on the use of a negative rather than an affirmative form of expression. If, on the other hand, the substance of the thing is such, that the remedy ought to be sought elsewhere, then I do not think that the form ought to be changed by the use of a negative rather than an affirmative." 58 No doubt in England 59 an injunction would not be granted unless damages were an inadequate remedy, and such a limitation is proper. A further requirement that the stipulation shall be express seems purely technical.60
55 De Mattos v. Gibson, 4 De G. & J. 276; Montague v. Flockton, L. R 16 Eq. 189.
56 Whitwood Chemical Co. v. Hard-man,  2 Ch. 416.
57 Metropolitan Electric Supply Co. v. Grader  2 Ch. 799.
58 Lord Selborne, in Wolverhampton, etc., Ry. Co. v. London, etc., Ry. Co., L. R. 16 Eq. 433, 440.
59 Fry, Specific Performance, 5th ed., Sec. 860.
60This requirement is apparently adopted in Illinois. Consolidated Coal
The essential troublesome question is whether the allowance of an injunction of certain conduct is proper where the injunction does not compel complete performance by the defendant of his outstanding obligations and where no provision is made by the decree for performance by the plaintiff of his obligations. This difficulty is the same whether the negative promise is express or implied.