Swigert & Howard v. Tilden
Supreme Court of Iowa
Appeal from Linn District Court. — HoN. H. M. Remley, Judge. This is an appeal based upon a ruling sustaining a demurrer to the petition.
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Appeal from Linn District Court. — HoN. H. M. Remley, Judge. This is an appeal based upon a ruling sustaining a demurrer to the petition. The petition is in equity, and the allegations thereof are substantially as follows: That for many years prior to November, 1898, the defendant had been engaged in business in Des Moines as a maker of and dealer in shirts, collars, and cuffs, and had built up a large- and profitable business; that he had advertised his business-extensively, and from time to time received a large number of orders through the mail from customers in the-states of Iowa and…
1Opinion of the Court
Bishop, O. J.
It will be observed that, by the contract in question, defendant agreed, without limitation of time, to abstain from engaging in the shirt business within a radius of one hundred miles of Des Moines; that, as related to the states of Iowa and Nebraska generally, thq agreement provides for a time limit of ten years. Taking the facts as stated in the petition to be true — and, as far as well pleaded, the demurrer admits the truth thereof— it is manifest that the alleged conduct on the part of defendant does now, and, unless he be restrained therefrom, will continue to, interfere…
2Cases cited14 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Hubbard v. MillerMichigan Supreme Court · 1873
- Anchor Electric Co. v. HawkesMassachusetts Supreme Judicial Court · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- ELDRIDGE v. JohnstonOregon Supreme Court · 1952
- Ehlers v. Iowa Warehouse CompanySupreme Court of Iowa · 1971
- Hood v. LeggSupreme Court of Georgia · 1925
- Baker v. StarkeySupreme Court of Iowa · 1966
- Styles v. LyonSupreme Court of Connecticut · 1913
16 more not listed; retrieve them via the Exa API.