Rose v. Gordon
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. Tbis is an equitable action brought to enjoin tbe defendant from selling any beer upon certain saloon premises in tbe city of Kenosha leased to bim by tbe plaintiff, except sucb beer as is sold by tbe plaintiff, and to recover damages for tbe breach of defendant’s agreement to that effect contained in tbe said lease. Tbe action was tried by tbe court.
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Appeal from a judgment of tbe circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. Tbis is an equitable action brought to enjoin tbe defendant from selling any beer upon certain saloon premises in tbe city of Kenosha leased to bim by tbe plaintiff, except sucb beer as is sold by tbe plaintiff, and to recover damages for tbe breach of defendant’s agreement to that effect contained in tbe said lease. Tbe action was tried by tbe court. It appeared by tbe evi-•clence that the plaintiff'was the local dealer in Kenosha in the beer manufactured by the Schoenhofen Brewing Company of…
1Opinion of the Court
WiNSLOw, 0. J.
Held: (1) The finding that the plaintiff made the contract in question in his own behalf and not as agent for the Schoenhofen Company is amply supported by the evidence. (2) Under common-law principles the agreement in question was valid because it was limited as to time, space, and extent of trade and because it appears to be an entirely reasonable benefit or protection for the plaintiff to reserve to himself as a part of the leasing- transaction. Kellogg v. Larkin, 3 Pin. 123; My Laundry Co. v. Schmeling, 129 Wis. 597, 109 N. W. 540. (3) The restraint of trade resulting from…
2Cases cited3 opinions
- My Laundry Co. v. SchmelingWisconsin Supreme Court · 1906
- Pulp Wood Co. v. Green Bay Paper & Fiber Co.Wisconsin Supreme Court · 1914
- Kellogg v. LarkinWisconsin Supreme Court · 1851
3Cited by2 opinions
- Wisconsin Creameries, Inc. v. JohnsonWisconsin Supreme Court · 1932
- Johnson v. Shell Oil Co.Wisconsin Supreme Court · 1957