Legal Opinion

Western District Warehouse Co. v. Hobson

Court of Appeals of Kentucky

Decided February 6, 1895PublishedCited by 9 opinions

Case 90 — PETITION EQUITY — APPEAL PROM M’CRACKEN COURT OP COMMON PLEAS. Contracts in reasonable restraint of trade are valid. If the restraint is such only as to afford a fair protection to the interest of the party in favor of whom it is given, and not so large as to interfere with the intei'ests of the public, it is not unreasonable. (Angier v. Weber, 92 Am.

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Case 90 — PETITION EQUITY — APPEAL PROM M’CRACKEN COURT OP COMMON PLEAS. Contracts in reasonable restraint of trade are valid. If the restraint is such only as to afford a fair protection to the interest of the party in favor of whom it is given, and not so large as to interfere with the intei'ests of the public, it is not unreasonable. (Angier v. Weber, 92 Am. Deo., 752.) If the contract in question here was intended to restrain appellees from carrying on the warehouse business everywhere and in all parts of the world, it is unreasonable, and, therefore, void. If the restraint was intended…

1Opinion of the Court

JUDGE GUEEY

delivered the opinioh of the court.

It appears that appellees were the owners of a tobacco warehouse in Padncah, and had built up quite a large trade in that vicinity. Some time prior to 14th of March, 1892, the appellant purchased the property and good will of the appellees, and also, as alleged, contracted and agreed with them that they (appellees) would not enter into said business directly or indirectly for ten years. Appellees executed deed of conveyance to appellant for said property, but afterwards appellee Hobson engaged in the same business in the city of Paducah, and…

2Cited by9 opinions

  1. Clemons v. MeadowsCourt of Appeals of Kentucky · 1906
  2. Jennings v. Shepherd Laundries Co.Court of Appeals of Texas · 1925
  3. Merchant's Ice & Cold Storage Co. v. RohrmanCourt of Appeals of Kentucky (pre-1976) · 1910
  4. Torian v. FuquaCourt of Appeals of Kentucky · 1917
  5. Hord v. GreenCourt of Appeals of Kentucky (pre-1976) · 1931

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