Thomas v. Gavin
New Mexico Supreme Court
Appeal from, the District Court, for Chaves County before W. H. Pope, Chief Justice. Contract was void because it was in restraint of trade. 2 Beach Cont., art. 175; Moore v. Bennett, 140 111. 69, 15 L. R. A. 364, 29 N. E. 891. . The proper measure of damages is the loss to plaintiff.
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Appeal from, the District Court, for Chaves County before W. H. Pope, Chief Justice. Contract was void because it was in restraint of trade. 2 Beach Cont., art. 175; Moore v. Bennett, 140 111. 69, 15 L. R. A. 364, 29 N. E. 891. . The proper measure of damages is the loss to plaintiff. Gregory v. Speiker, 110 Cal. 150, 42 Pac. 576; Peltz v. Eichele, 62 Mo. 171, 180; Lashus v. Chamberlain, 5 Utah 140, 13 Pac. 361; Howard v. Taylor, 90 Ala. 241, 8 So. 36; Warfield v. Booth, 33 Md. 63; 2 Sedgw. Dam. 632. The finding of fact is binding being based upon substantial evidence. Hancock v. Beasley, 14…
1Opinion of the Court
OPINION OF THE COURT.
ABBOTT, J.
1 The attorneys for the appellant claim that the provision of the contract in question that he should not engage in the business of buying and selling-lumber in Boswell or the vicinity for a period of two years is void for being in restraint of trade. They attach significance to the fact that by the terms of the contract neither the business itself nor the good will of it was sold, but a quantity of lumber only. It is well settled both at the common law and under the anti-trust act that an agreement to refrain from engaging in a certain business within…
2Cases cited9 opinions
- Hopkins v. United StatesSupreme Court of the United States · 1898
- Field v. Barber Asphalt Paving Co.Supreme Court of the United States · 1904
- Wood v. . Whitehead Brothers Co.New York Court of Appeals · 1901
- Perkins v. LymanMassachusetts Supreme Judicial Court · 1813
- Abel v. StateSupreme Court of Alabama · 1891
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3Cited by8 opinions
- Hedrick v. PerryCourt of Appeals for the Tenth Circuit · 1939
- Nichols v. AndersonNew Mexico Supreme Court · 1939
- Bowen v. Carlsbad Insurance & Real Estate, Inc.New Mexico Supreme Court · 1986
- Foreman v. MyersNew Mexico Supreme Court · 1968
- In Re Market Center East Retail Property, Inc.United States Bankruptcy Court, D. New Mexico · 2010
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