Fambrough v. Townson
Supreme Court of Alabama
Appeal from Circuit Court, Blount County; O. A. Steele, Judge. Bill by D. E. Townson against M. T. Fambrough, to specifically enforce a contract not to engage in business, by mandatory injunction. Decree for complainant, and respondent appeals.
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Appeal from Circuit Court, Blount County; O. A. Steele, Judge. Bill by D. E. Townson against M. T. Fambrough, to specifically enforce a contract not to engage in business, by mandatory injunction. Decree for complainant, and respondent appeals. Bill by appellee against appellant, seeking to restrain the respondent from the operation of a barber shop in the town of Oneonta, Ala., in violation of an agreement to that effect entered into between the parties January 15, 1919. The bill as amended avers, in substance, that the complainant purchased the bdrber shop, with all the articles connected…
1Opinion of the CourtGardner, J.
[1] Complainant seeks specific performance of a contract — the substance of which appears in the foregoing statement of the case — by means of injunctive process to prevent its violation. The agreement on the part of respondent not to engage in the barber shop business in competition with complainant is limited to the town of Oneonta, and under the repeated .decisions of this court is not void as in restraint of trade. Smith v. Webb, 176 Ala. 596, 58 South. 913, 40 L. R. A. (N. S.) 1191. This authority fully sustains the validity of the contract here sought to be enforced.
[2, 3] Much stress…
2Cases cited6 opinions
- Zirkle v. BallSupreme Court of Alabama · 1911
- Smith v. WebbSupreme Court of Alabama · 1912
- Vandegrift v. Abbott.Supreme Court of Alabama · 1883
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- Hamaker v. CoonsSupreme Court of Alabama · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jennings v. Shepherd Laundries Co.Court of Appeals of Texas · 1925
- Cay v. FerrellSupreme Court of Alabama · 1940
- Jennings v. Shepherd LaundriesCourt of Appeals of Texas · 1925