Palmer v. Toms
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: O. B, Wym:aN, Circuit Judge. Plaintiffs owned an old established livery and funeral business, so called, in the city of La Crosse, Wisconsin. They sold such business to the defendants, with the good will thereof and all personal property used therewith, for the sum of $13,000, and leased to defendants, for use in such business, the barn and premises where the same had been theretofore carried on.
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Appeal from a judgment of the circuit court for La Crosse county: O. B, Wym:aN, Circuit Judge. Plaintiffs owned an old established livery and funeral business, so called, in the city of La Crosse, Wisconsin. They sold such business to the defendants, with the good will thereof and all personal property used therewith, for the sum of $13,000, and leased to defendants, for use in such business, the barn and premises where the same had been theretofore carried on. As an inducement to defendants to make the purchase at said sum of $13,000, plaintiffs agreed in writing that neither of them would…
1Opinion of the CourtMaeshall, J.
The general rule that contracts in restraint of trade are void has its exceptions, one of which is that, for the protection of the good will of an established business, the owner of the same may make a sale thereof with •such business, and, as an inducement to the purchaser to buy, part with his liberty to engage in the same business for such limited time and within such limited territory as may be reasonably necessary to protect the purchaser in the enjoyment of such business. Vith the limitations indicated, ■the public is not necessarily deprived of the vendor’s in■dustry. Such vendor is…
2Cases cited10 opinions
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Williams v. FarrandMichigan Supreme Court · 1891
- Hedge, Elliott & Co. v. LoweSupreme Court of Iowa · 1877
- Washburn v. DoschWisconsin Supreme Court · 1887
- Richards v. American Desk & Seating Co.Wisconsin Supreme Court · 1894
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