Texas Standard Oil Co. v. Adoue
Texas Supreme Court
This suit was instituted by the appellants against the appellees, as defendants below, to recover the guaranteed net prices offered to the owners of “the four mills ’ ’ (represented by appellees) for all of the products of said mills, as well as for the costs and expenses of production, in consideration of a strict performance upon their part of all -of the “covenants” in the contract hereinafter described, and which- is made the basis of this action.
Read the full summary
This suit was instituted by the appellants against the appellees, as defendants below, to recover the guaranteed net prices offered to the owners of “the four mills ’ ’ (represented by appellees) for all of the products of said mills, as well as for the costs and expenses of production, in consideration of a strict performance upon their part of all -of the “covenants” in the contract hereinafter described, and which- is made the basis of this action. At the time of entering into said agreement the parties thereto were independent dealers in and purchasers of cotton seed and seed cotton, and…
1Opinion of the Court
MAEE, Judge,
Section A.—The appellants assign as error the action of the court in sustaining the demurrer to their petition upon the ground that the contract sued upon is contrary to public policy and void. The appellants’ counsel do not deny that the contract is one in restraint of trade, but contend that it is but partially so, and is limited in its operation to a reasonable protection of the interest of the parties thereto, and therefore not void. We may state in the outset that we do not understand that the provisions of the contract left' any of the parties thereto at liberty to purchase…
2Cases cited8 opinions
- Craft v. McConoughyIllinois Supreme Court · 1875
- Leonard v. . PooleNew York Court of Appeals · 1889
- Duffy v. ShockeyIndiana Supreme Court · 1858
- Sampson v. ShawMassachusetts Supreme Judicial Court · 1869
- Gulp, Colorado & Santa Fe Railway Co. v. StateTexas Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Queen Insurance v. StateTexas Supreme Court · 1893
- Brown & Allen v. Jacobs' Pharmacy Co.Supreme Court of Georgia · 1902
29 more not listed; retrieve them via the Exa API.