Legal Opinion

Shakey's Incorporated v. Martin

Idaho Supreme Court

Decided July 19, 1967No. 9845PublishedCited by 27 opinions

1Opinion of the Court

McFADDEN, Justice.

Presented for resolution by this appeal is the issue of the validity of the following clause contained in a franchise agreement dated September 25, 1961, between Shakey’s Incorporated, appellant, as franchisor, and Charles J. Martin, one of the respondents, designated as the vendee-franchisee, Martin later having assigned the agreement to respondent Boise Pizza Corporation:

“Upon termination of this Agreement for any reason and for a period of one (1) year thereafter, neither Vendee-Franchisee nor its principals or officers will engage in the production or sale of pizza…

2Cases cited20 opinions

  1. Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
  2. United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
  3. John Roane, Inc. v. TweedSupreme Court of Delaware · 1952
  4. Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
  5. Economy Grocery Stores Corp. v. McMenamyMassachusetts Supreme Judicial Court · 1935

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

3Cited by27 opinions

  1. Piercing Pagoda, Inc. v. HoffnerSupreme Court of Pennsylvania · 1976
  2. St. Paul Fire & Marine Insurance v. Advanced Interventional Systems, Inc.District Court, E.D. Virginia · 1993
  3. Magic Lantern Productions, Inc. v. DolsotIdaho Supreme Court · 1995
  4. Bybee v. IsaacIdaho Supreme Court · 2008
  5. Freiburger v. J-U-B Engineers, Inc.Idaho Supreme Court · 2005

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API