Legal Opinion

Southern Fire Brick & Cray Co. v. Garden City Sand Co.

Illinois Supreme Court

Decided October 23, 1906PublishedCited by 39 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. The Garden City Sand Company, the Hillsdale Fire Brick and Clay Company, (both Illinois corporations,) and Maria Warner and Jacob B. Warner, of Indianapolis, Indiana, filed their joint bill in the superior court of Cook county April 4, 1903, against the Southern Fire Brick and Clay Company, also an Illinois corporation, and Dick N. Lanyon, by which they sought to enjoin the defendants from mining fire clay upon a certain…

1Opinion of the CourtJustice Wilkin

The first question discussed in| the argument of counsel is whether the agreement of Septémber io, 1901, is a valid contract, as was held by the Appellate Court, or is in restraint of trade and violative of the Anti-trust law of this State or of the United States, as found by the superior court, and therefore void. The appellants, in support of the latter contention, insist mainly upon that part of the contract by which the first party agrees not to operate any other fire clay grinding plant on any land owned or controlled by him in the State of Indiana or to sell to any other person during…

2Cases cited6 opinions

  1. Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
  2. Arnot v. . Pittston and Elmira Coal Co.New York Court of Appeals · 1877
  3. Willoughby v. LawrenceIllinois Supreme Court · 1886
  4. Ropes v. UptonMassachusetts Supreme Judicial Court · 1878
  5. Consolidated Coal Co. v. SchmisseurIllinois Supreme Court · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. E. L. Husting Co. v. Coca Cola Co.Wisconsin Supreme Court · 1931
  2. Tarr v. StearmanIllinois Supreme Court · 1914
  3. State v. Duluth Board of TradeSupreme Court of Minnesota · 1909
  4. Smithereen Co. v. RenfroeAppellate Court of Illinois · 1945
  5. Fisher Flouring Mills Co. v. SwansonWashington Supreme Court · 1913

34 more not listed; retrieve them via the Exa API.

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