Wakenight v. Spear & Rogers
Supreme Court of Arkansas
Appeal from White Chancery Court; J. E. Martineau, Chancellor; Appellees have enjoyed all of the benefits under their contract of purchase which they were entitled to. Appellant remained out of business for more than three years, and then only re-entered business as a day laborer when the public demanded his services, and he in no way interfered with the business of appellees. The public interest demands a reversal of this cause under the testimony which is undisputed.
Read the full summary
Appeal from White Chancery Court; J. E. Martineau, Chancellor; Appellees have enjoyed all of the benefits under their contract of purchase which they were entitled to. Appellant remained out of business for more than three years, and then only re-entered business as a day laborer when the public demanded his services, and he in no way interfered with the business of appellees. The public interest demands a reversal of this cause under the testimony which is undisputed. Contracts in partial restraint of trade are objectionable and of doubtful propriety and ought not to prevail where it is…
1Opinion of the CourtSmith, J.
In October, 1916, appellant Wakenight, a licensed plumber, owned and operated a plumbing shop in the city of Searcy, and carried a line of plumbing supplies. Appellees are also licensed plumbers, and operate a plumbing shop in that city, and in connection with that business were also engaged in selling certain automobile accessories.
The appellant sold all of his plumbing supplies and fixtures to the appellees, in consideration of their sale to him of all their automobile accessories and their agreement to pay him the difference between the value of the plumbing supplies sold to them and the…
2Cases cited4 opinions
- Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
- Shapard v. LesserSupreme Court of Arkansas · 1917
- Edgar Lumber Co. v. Cornie Stave Co.Supreme Court of Arkansas · 1910
- Hampton v. CaldwellSupreme Court of Arkansas · 1910
3Cited by13 opinions
- Hedrick v. PerryCourt of Appeals for the Tenth Circuit · 1939
- McLeod v. MeyerSupreme Court of Arkansas · 1963
- Robbins v. PlantSupreme Court of Arkansas · 1927
- Jennings v. Shepherd Laundries Co.Court of Appeals of Texas · 1925
- American Excelsior Laundry Company v. DerrisseauxSupreme Court of Arkansas · 1942
8 more not listed; retrieve them via the Exa API.