Kradwell v. Thiesen
Wisconsin Supreme Court
Appeals from orders of the circuit court for Racine county: E. B. Belden, Circuit Judge. This is an action to restrain the defendant Thiesen from selling drugs or conducting a drug store in Racine, contrary to his agreement with the'plaintiffs executed June 23, 1903. It appears and is undisputed that for some time prior to February 9, 1895, Thiesen owned and operated a drug store in Racine under his own name.
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Appeals from orders of the circuit court for Racine county: E. B. Belden, Circuit Judge. This is an action to restrain the defendant Thiesen from selling drugs or conducting a drug store in Racine, contrary to his agreement with the'plaintiffs executed June 23, 1903. It appears and is undisputed that for some time prior to February 9, 1895, Thiesen owned and operated a drug store in Racine under his own name. February 9, 1895, the Robinson Drug Company was incorporated with Thiesen as one of its stockholders and directors, and thereupon Thiesen conveyed and transferred to the said Robinson…
1Opinion of the CourtCassoday, C. J.
The principal controversy in this case is as to whether the written agreement of June 23, 1903, “is absolutely void as a matter of law.” The contents of the agreement are sufficiently set forth in the foregoing statement. Counsel for the defendant is undoubtedly right in claiming that “a contract in restraint of trade is presumably void as against public policy.” The general rule, as deduced from the English adjudications, seems to be:
“A contract in general restraint of trade is illegal and void as being against public policy; but a particular restraint of trade within reasonable limits,…
2Cases cited10 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Dodge Stationery Co. v. DodgeCalifornia Supreme Court · 1904
- My Laundry Co. v. SchmelingWisconsin Supreme Court · 1906
- Merchants' Ad-Sign Co. v. SterlingCalifornia Supreme Court · 1899
- Up River Ice Co. v. DenlerMichigan Supreme Court · 1897
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3Cited by13 opinions
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- Uptown Food Store, Inc. v. GinsbergSupreme Court of Iowa · 1963
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