Clemons v. Meadows
Court of Appeals of Kentucky
Case 23. — ACTION BY W. W. MEADOW'S AGAINST J. F. CLEMENS TO ENFORCE A CONTRACT. — Appeal from Pulton Circuit Court. R. J. Bugg, Circuit Judge. Judgment for Plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. A contract not to engage in a particular business in a prescribed locality or not to engage in business at all for a reasonably limited time is not one in restraint of trade, but is lawful and permissible.
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Case 23. — ACTION BY W. W. MEADOW'S AGAINST J. F. CLEMENS TO ENFORCE A CONTRACT. — Appeal from Pulton Circuit Court. R. J. Bugg, Circuit Judge. Judgment for Plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. A contract not to engage in a particular business in a prescribed locality or not to engage in business at all for a reasonably limited time is not one in restraint of trade, but is lawful and permissible. (4 Bibb, 486; 7 J. J. Marshall, star page 368; 86 Ky., 156; 16 Ky. Law Reporter, 869; 21 Ky. Law Reporter, 1317.) 3.The character of contract involved is not such as is denounced…
1Opinion of the Court
Opinion by
Judge Paynter.
Reversing.
This action was instituted upon a writing which reads as follows: ‘ ‘ This agreement entered into this 12th day of July, 1904, by and between W. W. Meadows, of the New Meadows Hotel, and Clemons & Wade Bros., of the Usona Hotel, both of Fulton, Ky., witnesseth: That for a period of three years from date hereof W. W. Meadows, who agrees to close and keep closed his hotel, known as the ‘New Meadows Hotel,’ reserving to himself the right to rent th'e same for offices of all kind and description, and also to all roomers for one week or more, when opportunity may…
2Cases cited5 opinions
- Anderson v. JettCourt of Appeals of Kentucky · 1889
- Sutton v. HeadCourt of Appeals of Kentucky · 1887
- Chapin v. Brown Bros.Supreme Court of Iowa · 1891
- Pyke v. ThomasCourt of Appeals of Kentucky · 1817
- Western District Warehouse Co. v. HobsonCourt of Appeals of Kentucky · 1895
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- Haesloop v. City CouncilSupreme Court of South Carolina · 1923
- Johnson v. StumboCourt of Appeals of Kentucky (pre-1976) · 1938
- Shapard v. LesserSupreme Court of Arkansas · 1917
- Hensley v. Keith A. Gadd & JHT Props., LLCMissouri Court of Appeals · 2018
- Gross, Kelly & Co. v. BiboNew Mexico Supreme Court · 1914
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