Smith v. Brown
Massachusetts Supreme Judicial Court
Bill in equity, filed February 21, 1895, to restrain the defendant from continuing in the drug business in Ipswich, in violation of his contract with the plaintiff, and for the payment of one thousand dollars as provided therein. The answer set up, among other defences, loches.
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Bill in equity, filed February 21, 1895, to restrain the defendant from continuing in the drug business in Ipswich, in violation of his contract with the plaintiff, and for the payment of one thousand dollars as provided therein. The answer set up, among other defences, loches. In the Superior Court a decree was entered that the plaintiff recover of the defendant the sum of seven hundred and fifty dollars, with costs, without any reference to an injunction; and both parties appealed to this court. The contract and the facts of the case appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a bill praying for an injunction and for damages on the following contract:
“ For value received of Ebin R Smith, of East Cambridge, in the county of Middlesex, the receipt of which is hereby acknowledged, and for the further consideration of said Smith taking from me my lease of an apothecary shop in Ipswich, in the count}’- of Essex, — my promise herein being the chief inducement leading him to take said lease, and to purchase the property therein, and in said shop and the good will of the business, — I hereby agree with said Smith and his assigns and legal representatives, under a…
2Cases cited4 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Drummond v. CraneMassachusetts Supreme Judicial Court · 1893
- Ropes v. UptonMassachusetts Supreme Judicial Court · 1878
- Administrators of Smith v. Administrators of WainwrightSupreme Court of Vermont · 1852
3Cited by11 opinions
- Scotton v. WrightCourt of Chancery of Delaware · 1922
- Tobin v. CodyMassachusetts Supreme Judicial Court · 1962
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1925
- National Hearing Aid Centers, Inc. v. AversMassachusetts Appeals Court · 1974
- Frank D. Wayne Associates, Inc. v. LussierMassachusetts Appeals Court · 1983
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