Long v. Towl
Supreme Court of Missouri
Error to Second District Court. I. The dismissal of the suit was a sufficient consideration. (Mullanphy v. Reilly, 10 Mo. 489; Livingston v. Dugan, 20 Mo. 102 ; Stephens v. Spiers, 25 Mo. 390.) H. Restraint of trade where limited, not general, is legal.
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Error to Second District Court. I. The dismissal of the suit was a sufficient consideration. (Mullanphy v. Reilly, 10 Mo. 489; Livingston v. Dugan, 20 Mo. 102 ; Stephens v. Spiers, 25 Mo. 390.) H. Restraint of trade where limited, not general, is legal. (1 Story on Cont. § 552; Chitty on Cont. 520; 2 Pars, on Cont. 751, note a; Billings v. Ames, 32 Mo. 273.) As the proprietors of mines take so much toll by way of payment for the ore dug on their lands, the provisions of the contract as to the ore dug from plaintiffs’ land were but a fair protection to them, and therefore legal. If valid in…
1Opinion of the CourtBaker, Judge
Previous to the execution of the instrument on which this suit was brought, the plaintiffs were in possession of a tract of mineral land in Washington county, from which a number of miners were engaged in taking lead ore under an agreement to sell the ore to the plaintiffs. In violation of their agreement, some of the miners sold ore taken from the plaintiffs’ land to the defendant. The plaintiffs instituted several suits before a justice of the peace against the defendant for purchasing ore thus taken from their land, which were pending when the agreement sued on was entered into. By this…
2Cases cited5 opinions
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Basye v. AmbroseSupreme Court of Missouri · 1859
- Lawrence v. KidderNew York Supreme Court · 1851
- Stoddard v. MixSupreme Court of Connecticut · 1840
- Bowser v. BlissIndiana Supreme Court · 1845
3Cited by27 opinions
- Herriman v. MenziesCalifornia Supreme Court · 1896
- Schnucks Twenty-Five, Inc. v. BettendorfMissouri Court of Appeals · 1979
- Fisher Flouring Mills Co. v. SwansonWashington Supreme Court · 1913
- Mayor of the City of Brunswick v. Ætna Indemnity Co.Court of Appeals of Georgia · 1908
- American Pamcor, Inc. v. KloteMissouri Court of Appeals · 1969
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