Lawrence v. Kidder
New York Supreme Court
This case became before the court upon a demurrer to the complaint. The action was instituted in June, 1850. The complaint set out a joint and several contract under seal, executed by the defendants and dated October 29, 1849, by which in consideration of the sum of two hundred dollars in hand paid, and other good considerations by the defendants jointly received, and also in consideration of the purchase by the plaintiffs of the defendants of all the defendant’s stock of…
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This case became before the court upon a demurrer to the complaint. The action was instituted in June, 1850. The complaint set out a joint and several contract under seal, executed by the defendants and dated October 29, 1849, by which in consideration of the sum of two hundred dollars in hand paid, and other good considerations by the defendants jointly received, and also in consideration of the purchase by the plaintiffs of the defendants of all the defendant’s stock of mattresses and goods for the manufacture of palm-leaf beds, the defendants jointly and severally covenanted and agreed…
1Opinion of the CourtSelden, J.
The demurrer in this action raises two questions, viz.
1. Is the contract set up in the complaint void as being in restraint of trade 7
2. Is the breach assigned sufficient 7
No one who devotes much time to tracing back the most familiar legal principles through the series of decisions by which they have been established, can fail to perceive how difficult it is in many cases to ascertain with precision the reasons upon which the doctrine is based, and yet all know how indispensable this is to the safe application of the rule. That contracts in restraint of trade, which embrace the entire…
2Cases cited1 opinion
- Chappel v. BrockwayNew York Supreme Court · 1839
3Cited by16 opinions
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- Tarr v. StearmanIllinois Supreme Court · 1914
- Master Stevedores' Ass'n v. WalshNew York Court of Common Pleas · 1867
- Consumers' Oil Co. v. NunnemakerIndiana Supreme Court · 1895
- Long v. TowlSupreme Court of Missouri · 1868
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