Kramer v. . Old
Supreme Court of North Carolina
AotioN by 0. E. Kramer and others against James Y. Old, 'W. T. Old, W. N. Old and the Elizabeth City Manufacturing Company, to enjoin defendants from engaging in the milling business in Elizabeth City, pending in Pasquotanic Superior Court, and heard before Tiniberlake, J., at Chambers, at Currituck Court House, on 7 th September, 1896, on motion to continue the restraining order theretofore granted.
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AotioN by 0. E. Kramer and others against James Y. Old, 'W. T. Old, W. N. Old and the Elizabeth City Manufacturing Company, to enjoin defendants from engaging in the milling business in Elizabeth City, pending in Pasquotanic Superior Court, and heard before Tiniberlake, J., at Chambers, at Currituck Court House, on 7 th September, 1896, on motion to continue the restraining order theretofore granted. His Honor found the following facts : “1. That for a valuable consideration the plaintiffs and defendants Old entered into an agreement, as follows : “‘Jas. Y. Old & Sons, consisting of Jas. Y.…
1Opinion of the Court
A VERY, J. :
The Courts in later years have disregarded the old rules by which it was sometimes attempted arbitrarily to fix by measurement the geographical area over which a contract in partial restraint of trade might be made to extend, and to prescribe a limit of time beyond which it could not be made to operate.
The modem doctrine is founded upon the basic principles that one who, by his skill and industry, builds up a business, acquires a property at least in the good will of his patrons, which is the product of his own efforts (Cowan v. Fairbrother, 118 N. C., 406), and has the…
2Cases cited6 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Cowan v. . FairbrotherSupreme Court of North Carolina · 1896
- Morse Twist Drill & Machine Co. v. MorseMassachusetts Supreme Judicial Court · 1869
- A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
- Jefferson Reeves & Co. v. SpragueSupreme Court of North Carolina · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Jewel Box Stores Corporation v. MorrowSupreme Court of North Carolina · 1968
- Welcome Wagon International, Inc. v. PenderSupreme Court of North Carolina · 1961
- Bradford & Carson v. Montgomery Furniture Co.Tennessee Supreme Court · 1905
- Harrison v. Glucose Sugar Refining Co.Court of Appeals for the Seventh Circuit · 1902
- Moskin Bros. Inc. v. SwartzbergSupreme Court of North Carolina · 1930
45 more not listed; retrieve them via the Exa API.