Legal Opinion

Erie County Milk Ass'n v. Ripley

Superior Court of Pennsylvania

Decided July 25, 1901No. Appeal, No. 96PublishedCited by 12 opinions

Appeal, No. 96, April T., 1901, by defendant, from decree of C. P. Erie Co., Sept. T., 1900, No. 15, on bill in equity in case of Erie County Milk Association v. E. C. Ripley. Bill in equity for an injunction.

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Appeal, No. 96, April T., 1901, by defendant, from decree of C. P. Erie Co., Sept. T., 1900, No. 15, on bill in equity in case of Erie County Milk Association v. E. C. Ripley. Bill in equity for an injunction. From the record it appeared that on December, 1899, the parties entered into a written agreement which was as follows : “ That the said Erie County Milk Association, party of the first part, hereby agrees to employ the party of the said party of the second part in the capacity of milk peddler, for a term of service to commence on the 19th day of December, 1899, and to continue until…

1Opinion of the Court

Opinion by

Beaver, J.,

Beach on the Modern Law of Contracts (1897), vol. 2, states the law in regard to contracts in restraint of trade, so far as they are applicable to the present case, as follows: “Section 1562. It is a well settled doctrine that any agreement in restraint of trade is void as being against public policy, unless founded upon a valuable consideration, and, as regards time, space and *35the extent of the trade, limited to what is reasonable under the circumstances of the case, for the reason that such contracts tend to deprive the public of the services of parties in the…

2Cases cited4 opinions

  1. Fralich v. DesparSupreme Court of Pennsylvania · 1894
  2. McClurg's AppealSupreme Court of Pennsylvania · 1868
  3. Stofflet v. StoffletSupreme Court of Pennsylvania · 1894
  4. Patterson v. GlassmireSupreme Court of Pennsylvania · 1895

3Cited by12 opinions

  1. Iron City Laundry Co. v. LeytonSuperior Court of Pennsylvania · 1913
  2. Jennings v. Shepherd Laundries Co.Court of Appeals of Texas · 1925
  3. American Ice Co. v. HunterSuperior Court of Pennsylvania · 1915
  4. Standard Dairies, Inc. v. McMonagleSuperior Court of Pennsylvania · 1939
  5. Philadelphia Towel Supply & Laundry Co. v. WeinsteinSuperior Court of Pennsylvania · 1914

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