Shirk v. Loftis Bros.
Supreme Court of Georgia
Injunction. Before Judge Bell. Fulton superior court. April 26, 1918. Sometime prior to August, 1917, Loftis Brothers & Co., a corporation, purchased the business of the Banta-Cole Co. at No. 5 South Broad Street in the City of Atlanta. Prior to said sale the Banta-Cole Co. was engaged in business of buying and selling, on the installment plan, jewelry, watches, clocks, optical supplies, glassware, and articles of a similar nature.
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Injunction. Before Judge Bell. Fulton superior court. April 26, 1918. Sometime prior to August, 1917, Loftis Brothers & Co., a corporation, purchased the business of the Banta-Cole Co. at No. 5 South Broad Street in the City of Atlanta. Prior to said sale the Banta-Cole Co. was engaged in business of buying and selling, on the installment plan, jewelry, watches, clocks, optical supplies, glassware, and articles of a similar nature. M. Grant Shirk was employed by the Banta-Cole Co. as an. optometrist, optician, and salesman. After the transfer of the business to Loftis Brothers & Co., he…
1Opinion of the CourtGeorge, J.
(After’ stating the foregoing facts.)
1. The contract involved is in restraint of trade, but the restraint is limited as to both time and territory, and is not otherwise unreasonable. Jenkins v. Temples, 39 Ga. 655 (99 Am. D. 482); Rakestraw v. Lanier, 104 Ga. 188, 196 (30 S. E. 735, 69 Am. St. R. 154). In the opinion in the case last cited it was said: “But if, considered with reference to the situation, business, and objects of the parties, and in the light of all the surrounding cimcumstances with reference to which the contract was made, the restraint contracted for appears to have been…
2Cases cited6 opinions
- Rakestraw v. LanierSupreme Court of Georgia · 1898
- Kinney v. Scarbrough Co.Supreme Court of Georgia · 1912
- Jenkins v. TemplesSupreme Court of Georgia · 1869
- Seay v. SpratlingSupreme Court of Georgia · 1909
- Hammond v. Georgian Co.Supreme Court of Georgia · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Durham v. Stand-By Labor of Georgia, Inc.Supreme Court of Georgia · 1973
- Orkin Ex. Co. Inc., So. Georgia v. DewberrySupreme Court of Georgia · 1949
- Hood v. LeggSupreme Court of Georgia · 1925
- Water Services, Inc. And Farris Chemical Company v. Tesco Chemicals, Inc.Court of Appeals for the Fifth Circuit · 1969
- National Linen Service Corp. v. ClowerSupreme Court of Georgia · 1934
36 more not listed; retrieve them via the Exa API.