Legal Opinion

Linn v. Sigsbee

Illinois Supreme Court

Decided January 15, 1873PublishedCited by 65 opinions

Appeal from the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. This was an action of assumpsit, by William Sigsbee against William S. Linn, to recover damages for resuming the practice of medicine in violation of an agreement previously entered into between them. The following is a copy of the first count of the plaintiff’s declaration, which shows the facts of the case.

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Appeal from the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. This was an action of assumpsit, by William Sigsbee against William S. Linn, to recover damages for resuming the practice of medicine in violation of an agreement previously entered into between them. The following is a copy of the first count of the plaintiff’s declaration, which shows the facts of the case. After entitling the case, it is as follows: “William Sigsbee, Jr., the plaintiff in this suit, complains of William S. Linn in an action of trespass on the case upon promises, for that whereas,…

1Opinion of the CourtJustice Thornton

We perceive no defect in the declaration. The contract between the parties is set out in liceo verba. By it one party agreed to sell to the other a lot and house for the consideration, expressed in the writing, of two thousand dollars, and it concluded with this clause: “And the party of the first part being a practicing physician, he also agrees to sell and include in the aforesaid premises and sale, his practice; and he hereby obligates himself not to establish nor to attempt to establish a medical practice within the aforesaid township of Chili, nor within six miles of his present…

2Cases cited3 opinions

  1. Norman v. WellsNew York Supreme Court · 1837
  2. Pyke v. ThomasCourt of Appeals of Kentucky · 1817
  3. Richardson v. GereNew York Supreme Court · 1839

3Cited by65 opinions

  1. Bauer v. SawyerIllinois Supreme Court · 1956
  2. Yarber v. Chicago & Alton Railway Co.Illinois Supreme Court · 1908
  3. Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
  4. RELIABLE FIRE EQUIPMENT CO. v. ArredondoIllinois Supreme Court · 2011
  5. Hood v. LeggSupreme Court of Georgia · 1925

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