Moore & Handley Hardware Co. v. Towers Hardware Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 3d December, 1888, by the Towers Hardware Company, a private corporation, against the Moore & Handley Hardware Company, another private corporation; and sought an injunction to restrain the defendant from selling “plow-stocks and plow-blades,” in violation of a contract made between the complainant and a partnership doing business under the name of Moore,…
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 3d December, 1888, by the Towers Hardware Company, a private corporation, against the Moore & Handley Hardware Company, another private corporation; and sought an injunction to restrain the defendant from selling “plow-stocks and plow-blades,” in violation of a contract made between the complainant and a partnership doing business under the name of Moore, Moore & Handley, which was composed of James D. Moore, Benj. F. Moore, and William A. Handley, who, as the bill-alleged,…
1Opinion of the CourtMcCLELLAN, J.
The equity of the bill, so far as the injunction is concerned, and the sufficiency of those of its allegations which are not denied by the answer to sustain the injunction, depend primarily on two questions: first, whether the contract relied on is void, as being in unreasonable restraint of trade; and, second, whether a negative undertaking entered into by persons who subsequently organize, and for the time constitute, a corporation for the prosecution of the business with respect to which the contract was made, can be inforced by injunction against the corporation.
1. It is insisted that the…
2Cases cited10 opinions
- Hubbard v. MillerMichigan Supreme Court · 1873
- Beal v. ChaseMichigan Supreme Court · 1875
- Warfield v. BoothCourt of Appeals of Maryland · 1870
- Morse Twist Drill & Machine Co. v. MorseMassachusetts Supreme Judicial Court · 1869
- Curtis v. . GokeyNew York Court of Appeals · 1877
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3Cited by52 opinions
- Aransas Pass Harbor Co. v. ManningTexas Supreme Court · 1901
- Messick v. MoringSupreme Court of Alabama · 1987
- Llewellyn Iron Works v. Abbott Kidney Co.California Supreme Court · 1916
- McCurry v. GibsonSupreme Court of Alabama · 1895
- General Paint Corp. v. SeymourCalifornia Court of Appeal · 1932
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