Mar-Hof Co. v. . Rosenbacker
Supreme Court of North Carolina
ActioN beard on appeal from Eorsytb County Court and on demurrer' to defendant’s counterclaim before Lane, J., at September Term, 1918, of Eoestth. The action was to recover tbe sum of $414.10 for goods sold and delivered.
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ActioN beard on appeal from Eorsytb County Court and on demurrer' to defendant’s counterclaim before Lane, J., at September Term, 1918, of Eoestth. The action was to recover tbe sum of $414.10 for goods sold and delivered. Defendant answered, admitting the amount due, subject to some inconsiderable reductions specified, and further set up a counterclaim arising from breach of contract by plaintiff, in that plaintiff having agreed, for value, that plaintiff should, in Winston-Salem, have the exclusive sale of an article of plaintiff’s manufacture, described as the Marhof middy suits, for the…
1Opinion of the Court
Hoke, J.,
after stating the case: Originally at common law, agreements in restraint of trade were held void as being against public policy. The position, however, has been more and more modified by the decisions-of the Courts until it has come to be the very generally accepted principle that agreements in partial restraint of trade will be upheld when they are “founded on valuable considerations, are reasonably necessary to protect the interests of the parties in whose favor they are imposed, and do not unduly prejudice the public interest.” Clark on Contracts (2d Ed.). The modification…
2Cases cited6 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Kramer v. . OldSupreme Court of North Carolina · 1896
- Bradshaw v. . MillikinSupreme Court of North Carolina · 1917
- McCurry v. GibsonSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United Laboratories, Inc. v. KuykendallSupreme Court of North Carolina · 1988
- Knutton v. CofieldSupreme Court of North Carolina · 1968
- Kadis v. . BrittSupreme Court of North Carolina · 1944
- Lilly Co. v. . SaundersSupreme Court of North Carolina · 1939
- Tobacco Growers Cooperative Ass'n v. JonesSupreme Court of North Carolina · 1923
21 more not listed; retrieve them via the Exa API.