Merriman v. Cover, Drayton Leonard
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Giles county, in an action of covenant by Cover, Drayton & Leonard against E. B. Younken and W. E. 0. Merriman, partners under the style of E. B. Younken & Co. Process was served only on Merriman. Judgment for plaintiffs. Defendant assigns error.
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Error to a judgment of the Circuit Court of Giles county, in an action of covenant by Cover, Drayton & Leonard against E. B. Younken and W. E. 0. Merriman, partners under the style of E. B. Younken & Co. Process was served only on Merriman. Judgment for plaintiffs. Defendant assigns error. The agreement which was the foundation of this action was in the words and figures following, to-wit: “This agreement, made and entered into this the 18th day of September, 18i99, between Thomas Cover, Boring A. Cover, H. E. Drayton and Thomas Leonard, partners in the name and style of Cover, Drayton &…
1Opinion of the CourtBuchaNAN, J.
This is an action of covenant upon an agreement entered into by the defendants in error, as partners doing business under the firm name of Cover, Drayton and Leonard, and the plaintiff in error and another, doing business as partners under the firm name of E. B. Younken & Co. •
The principal question involved in this writ of error is whether or not the contract sued on is in restraint of trade and contrary to public policy, and therefore void.
At the time of the execution of the contract, the plaintiffs, parties of the first part, were the owners of land in Giles county near the month of Wolfe…
2Cases cited10 opinions
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Mercantile Trust Co. v. Kanawha & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1893
- Martin v. South Salem Land Co.Supreme Court of Virginia · 1896
- Burdine v. Burdine's Ex'orSupreme Court of Virginia · 1900
- United States v. Trans-Missouri Freight Ass'nCourt of Appeals for the Eighth Circuit · 1893
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