Mallinckrodt Chemical Works v. Nemnich
Missouri Court of Appeals
Appeal from the St. Lonis City Circuit Court. — Hon. Horatio H. Wood, Judge. The question raised by appellant’s assignment of error is whether or not that portion of the contract contained in the sixth clause thereof is valid as being a reasonable restraint of trade, or invalid because an unreasonable restraint of trade as creating a monopoly and void.
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Appeal from the St. Lonis City Circuit Court. — Hon. Horatio H. Wood, Judge. The question raised by appellant’s assignment of error is whether or not that portion of the contract contained in the sixth clause thereof is valid as being a reasonable restraint of trade, or invalid because an unreasonable restraint of trade as creating a monopoly and void. A contract (for a valid consideration) of sale of a secret process for the manufacture or composition of drugs, of other matter or of machinery, used in trade, which restricts the vendor from using the same, or imparting his knowledge to…
1Opinion of the CourtBland, P. J.
Plaintiff filed in the circuit court the following amended petition:
“The Mallinekrodt Chemical Works as plaintiff, by the undersigned, its attorneys, state that it is a corporation under the laws of Missouri. Plaintiff for more than ten years last past has been, and it is now, engaged in the manufacture and sale of drugs and chemicals, and it has its principal office and manufactory in the city of St. Louis. The business of plaintiff is extensive. At, and for some years prior to, the time when plaintiff made the contract with defendant (hereinafter mentioned), the commercial operations of the…
2Cases cited18 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Hubbard v. MillerMichigan Supreme Court · 1873
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Texas Standard Oil Co. v. AdoueTexas Supreme Court · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mills v. MurrayMissouri Court of Appeals · 1971
- Prentice v. RoweMissouri Court of Appeals · 1959
- Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
- Reddi-Wip, Inc. v. Lemay Valve CompanyMissouri Court of Appeals · 1962
- Kaumagraph Co. v. Stampagraph Co.Appellate Division of the Supreme Court of the State of New York · 1921
9 more not listed; retrieve them via the Exa API.