Andrews v. Kingsbury
Illinois Supreme Court
Appear from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Richland county; the FEon. P. A. Pearce, Judge, presiding.
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Appear from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Richland county; the FEon. P. A. Pearce, Judge, presiding. At the April term, 1903, of the circuit court of Richland county the appellee, Edwin C. Kingsbury, filed his bill to restrain the appellant, Harry B. Andrews, from engaging in the newspaper business in the city of Olney, either as proprietor, editor, manager, or in any way whatever, either for himself or anyone else, for a period of five years, as provided in a certain alleged contract executed between the parties. A…
1Opinion of the CourtJustice Wilkin
The first ground of reversal insisted upon is, that at the time of the sale the Olney Advocate belonged to the wife of appellant, and his agreement not to engage in the newspaper business had nothing to do with the sale and was therefore without consideration. It is not denied that the bill of sale was signed by him, and by it he expressly warranted his title to the property. The name of his wife does not appear in the instrument. The money paid for the plant was paid to him and the notes and mortgage executed to secure the deferred payments were made to and delivered to him. The appellee…
2Cases cited1 opinion
- Hursen v. GavinIllinois Supreme Court · 1896
3Cited by24 opinions
- Menter Co. v. BrockSupreme Court of Minnesota · 1920
- The Vendo Co. v. StonerAppellate Court of Illinois · 1969
- VanSant v. RoseIllinois Supreme Court · 1913
- Columbia College of Music & School of Dramatic Art v. TunbergWashington Supreme Court · 1911
- Southwest Forest Industries, Inc. v. Robert SharfsteinCourt of Appeals for the Seventh Circuit · 1972
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