Kimbro v. Wells
Supreme Court of Arkansas
Appeal from Drew Circuit Court; J. G. Knox, Special Judge; STATEMENT BY THE COURT. This suit was instituted on October 26, 1912, by George Wells against J. S. Kimbro to recover damages for an alleged breach of contract. Wells and Kimbro were competitors in business in the town of Monticello in Drew County, Arkansas, each owning and operating a lumber yard.
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Appeal from Drew Circuit Court; J. G. Knox, Special Judge; STATEMENT BY THE COURT. This suit was instituted on October 26, 1912, by George Wells against J. S. Kimbro to recover damages for an alleged breach of contract. Wells and Kimbro were competitors in business in the town of Monticello in Drew County, Arkansas, each owning and operating a lumber yard. It was thought by them that the town was too small for two lumber yards to be run at a profit, and negotiations were entered into between them looking to the purchase of the plant of one by the other. After some days spent in the…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first contended by counsel for defendant that the contract was void, as being in restraint of trade; but we can not agree with him in this contention. In the case of the Edgar Lumber Co. v. Cornie Stave Co., 95 Ark. 449, we held that a contract in partial restraint of trade is valid when founded upon a valuable consideration, if the restraint is reasonable as between the parties and not injurious to the public by reason of its effect upon trade, and whether a restraint is reasonable depends upon whether it is such as affords fair protection only to…
2Cases cited11 opinions
- Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
- Wood v. KelseySupreme Court of Arkansas · 1909
- Graham v. RemmelSupreme Court of Arkansas · 1905
- Webster v. WilliamsSupreme Court of Arkansas · 1896
- Fort Smith Light & Traction Co. v. KelleySupreme Court of Arkansas · 1910
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3Cited by17 opinions
- Twin City Pipe Line Co. v. Harding Glass Co.Supreme Court of the United States · 1931
- Inman v. QuireySupreme Court of Arkansas · 1917
- Robbins v. PlantSupreme Court of Arkansas · 1927
- Jennings v. Shepherd Laundries Co.Court of Appeals of Texas · 1925
- Gregory v. HardyCourt of Civil Appeals of Alabama · 1974
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