Wills v. Forester
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Eon. L. B. Wood-side, Judge. (1) The contract of May 19, 1909, to refrain from lumber business was valid and legal. Jacket Co. v. Angelica, 121 Mo. App. 226. (2) Injunction is a proper remedy for violation of such contract. 3 Parsons on Contracts (9 Ed.), p. 343; McCurry v. Gibson, 108 Ala. 459; Gill v. Ferris, ’82 Mo. 156; Gordon v. Mansfield, 84 Mo.
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Appeal from Phelps Circuit Court. — Eon. L. B. Wood-side, Judge. (1) The contract of May 19, 1909, to refrain from lumber business was valid and legal. Jacket Co. v. Angelica, 121 Mo. App. 226. (2) Injunction is a proper remedy for violation of such contract. 3 Parsons on Contracts (9 Ed.), p. 343; McCurry v. Gibson, 108 Ala. 459; Gill v. Ferris, ’82 Mo. 156; Gordon v. Mansfield, 84 Mo. App. 367. (3) Fixing specific sum of forfeiture does not by its payment or otherwise, destroy the “right of the purchaser to insist upon the covenant to refrain. Nor does it operate to deprive him of…
1Opinion of the CourtNixon, P. J.
The evidence in this case clearly shows that the reason appellants purchased the For-' ester & Powell lumber business was “that the trade that came to St. James was not sufficient to support two lumber yards upon a reasonable basis.” It is also shown that the one thousand dollars mentioned in the contract to be paid in case of breach had never been paid by respondents to appellants at the time of the institution of this suit.
Upon the sale being completed, the respondents delivered their business to appellants in accordance with their contract. Appellants took possession about the 28th day of…
Also in this document: Per curiam.
2Cases cited16 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Jaquith v. HudsonMichigan Supreme Court · 1858
- McCurry v. GibsonSupreme Court of Alabama · 1895
- May v. CrawfordSupreme Court of Missouri · 1899
- Ropes v. UptonMassachusetts Supreme Judicial Court · 1878
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3Cited by6 opinions
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- Home Shopping Club, Inc. v. Roberts Broadcasting Co.Missouri Court of Appeals · 1998
- Miller v. Chicago Portrait Co.Court of Appeals of Texas · 1917
- State Ex Rel. Schoenbacher v. KellyMissouri Court of Appeals · 1966
- Grant County Bd. of Control v. AllphinCourt of Appeals of Kentucky · 1913
1 more not listed; retrieve them via the Exa API.