Kinney v. Scarbrough Co.
Supreme Court of Georgia
Injunction. Before Judge Pendleton. Fulton superior court. May 23, 1911. The Scarbrough Company, a corporation of the State of Maine, filed an equitable petition against C. L. Kinney, alleging in substance as follows: The defendant is indebted to the plaintiff in the sum of $727.96, on an itemized bill. He was employed by the plaintiff as salesman and local manager for the sale of maps, under a written contract, for a territory to be assigned to him.
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Injunction. Before Judge Pendleton. Fulton superior court. May 23, 1911. The Scarbrough Company, a corporation of the State of Maine, filed an equitable petition against C. L. Kinney, alleging in substance as follows: The defendant is indebted to the plaintiff in the sum of $727.96, on an itemized bill. He was employed by the plaintiff as salesman and local manager for the sale of maps, under a written contract, for a territory to be assigned to him. On or about January 1, 1911, the plaintiff assigned to him the territory of the State of Georgia, except nine counties thereof, which were…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. Two divergent lines of decisions have arisen in regard to the territorial limitation necessary for the upholding of contracts in restraint of trade, in connection with a sale of a business and good will, the retiring of a partner, or the like. Two points of view affect this: first, looking at the matter with a special consideration of the parties immediately concerned and their protection ; and second, viewing it from the standpoint of the public, and the interest'which it has in the freedom of trade and in not having *81parties cut off from a means of…
2Cases cited7 opinions
- Rakestraw v. LanierSupreme Court of Georgia · 1898
- Beekman v. MarstersMassachusetts Supreme Judicial Court · 1907
- Employing Printers Club v. Doctor Blosser Co.Supreme Court of Georgia · 1905
- Jones v. Van Winkle Gin & Machine WorksSupreme Court of Georgia · 1908
- Stein v. National Life Ass'nSupreme Court of Georgia · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Orkin Ex. Co. Inc., So. Georgia v. DewberrySupreme Court of Georgia · 1949
- Hood v. LeggSupreme Court of Georgia · 1925
- National Linen Service Corp. v. ClowerSupreme Court of Georgia · 1934
- Shirk v. Loftis Bros.Supreme Court of Georgia · 1918
- Insurance Center, Inc. v. HamiltonSupreme Court of Georgia · 1963
17 more not listed; retrieve them via the Exa API.