Kidder Equity Exchange v. Norman
South Dakota Supreme Court
■Appeal from ¡Circuit Court, Marshall County. Hon. Thomas L. Bouck, Judge. Action by Kidder Equity Exchange, a corporation, against Gus N. Norman, to enjoin defendant-from engaging in the business of grain dealer at Kidder, South Dakota. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. . (i) To point one of the opinion, Respondent cited, re restraint of trade: ■ 12 Ruling Case Law 984; Caswell v. Hazard, 121 -'N. Y. 484, 18 Am.
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■Appeal from ¡Circuit Court, Marshall County. Hon. Thomas L. Bouck, Judge. Action by Kidder Equity Exchange, a corporation, against Gus N. Norman, to enjoin defendant-from engaging in the business of grain dealer at Kidder, South Dakota. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. . (i) To point one of the opinion, Respondent cited, re restraint of trade: ■ 12 Ruling Case Law 984; Caswell v. Hazard, 121 -'N. Y. 484, 18 Am. St. Rep.' 833. (2) To point two, Appellant cited: Art. II, Chap. 2, Civil Code, Sec. 1741; North S. B. and S. C. v. Stebbins, 2…
1Opinion of the CourtWhiting, J.
This action was brought to enjoin defendant from engaging in the business of grain dealer at Kidder, S. D. Judgment was* for plaintiff, and defendant appeals from the judgment and from an order denying a new trial.
The facts are undisputed. Defendant, together with one Johnson, under the firm name and style of Norman & Johnson Grain Company, was engaged in the business of buying grain at Kidder. Plaintiff, desiring to purchase an elevator at the said town, entered into negotiations with defendant for the purchase of the elevator wherein the above partnership was doing business, supposing the…
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