Hulen v. Earel
Supreme Court of Oklahoma
Error from the District Court of Grant County.; before James K. Beauchamp, Trial Judge. STATEMENT OR PACTS. This action was commenced in the district court of Grant county, by the plaintiff in error against the defendant in error, to enjoin the defendant from practicing his profession as a-physician in the city of Pond Creek, and the vicinity thereof.
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Error from the District Court of Grant County.; before James K. Beauchamp, Trial Judge. STATEMENT OR PACTS. This action was commenced in the district court of Grant county, by the plaintiff in error against the defendant in error, to enjoin the defendant from practicing his profession as a-physician in the city of Pond Creek, and the vicinity thereof. The plaintiff and defendant had been engaged in business together, practicing their profession, with an office in the city of Pond Creek, and on April 28, 1902, the co-partnership existing between them was -dissolved, and at the same time a…
1Opinion of the Court
Opinion of the court by
PaNCOast, J.:
The argument in this case has taken a wider scope than is deemed necessary to enable the court to pass upon the questions contained in the record. Judgment was rendered upon the demurrer.
The contract which is the basis of this action belongs to that class of contracts denominated in restraint of trade) and it is contended in this case that because of being in restraint of trade, it should not be upheld. Whatever may have been the origin of the common law rule, where there is no statutory provision controlling, fit has been well settled that where a contract…
2Cases cited5 opinions
- Linn v. SigsbeeIllinois Supreme Court · 1873
- Cook v. JohnsonSupreme Court of Connecticut · 1879
- Guerand v. DandeletCourt of Appeals of Maryland · 1870
- W. W. Roller & Co. v. OttSupreme Court of Kansas · 1875
- Gray v. . WaltonNew York Court of Appeals · 1887
3Cited by7 opinions
- United States v. American Medical Ass'nCourt of Appeals for the D.C. Circuit · 1940
- Wall v. ChapmanSupreme Court of Oklahoma · 1921
- Grand Union Tea Co. v. LewitskyMichigan Supreme Court · 1908
- Clare v. PalmerSupreme Court of Oklahoma · 1949
- VANGUARD ENVIRONMENTAL, INC. v. CurlerCourt of Civil Appeals of Oklahoma · 2008
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