Mapes v. Metcalf
North Dakota Supreme Court
Appeal from District Court, Nelson County, Fisk, J. Action by L. E. Mapes against R. L. Metcalf and others. Judgments for defendants, and plaintiff appeals. A contract in restraint of trade is valid if it be limited either as to place or time, such limitation being reasonable. Tode v. Gross, 127 N. Y. 480; Diamond Watch Co. v. Roeber, 106 N. Y. 473; Althen v. Freeland, 36 Atl.
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Appeal from District Court, Nelson County, Fisk, J. Action by L. E. Mapes against R. L. Metcalf and others. Judgments for defendants, and plaintiff appeals. A contract in restraint of trade is valid if it be limited either as to place or time, such limitation being reasonable. Tode v. Gross, 127 N. Y. 480; Diamond Watch Co. v. Roeber, 106 N. Y. 473; Althen v. Freeland, 36 Atl. Rep." 479; Fowle v. Parke, 133 U. S. 88, 33 L. Ed. 67; Anchor Electric Co. v. Havokes, 171 Mass. 101; Oregon Steam Nav. Co. v. Windsor, 87 U. S. 84, 22 L. Ed. 315; Morse & Co. v. Morse, 103 Mass. 73. The contract in…
1Opinion of the CourtYoung, J.
The plaintiff brings this action upon a covenant contained in a written contract executed by the defendants R. L. Met-calf and Meldonetta Metcalf in favor of one E. Mapes, and duly assigned by said Mapes to the plaintiff prior to the commencement of this action. Plaintiff demands a money judgment, and an accounting by the defendants for moneys alleged to have been received by them under said contract. Thomas J. Baird and Mary .A. Rayburn are sureties on an undertaking given to secure said contract, and are made defendants herein. The defendants answered jointly, admitting the execution of the…
2Cases cited15 opinions
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Coles v. SoulsbyCalifornia Supreme Court · 1862
- Herfort v. CramerSupreme Court of Colorado · 1884
- Wood v. . Whitehead Brothers Co.New York Court of Appeals · 1901
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3Cited by13 opinions
- Batter Building Materials Co. v. KirschnerSupreme Court of Connecticut · 1954
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- Macfadden v. JenkinsNorth Dakota Supreme Court · 1918
- Montana-Dakota Utilities Co. v. AmannNorth Dakota Supreme Court · 1957
- Bessel v. BethkeNorth Dakota Supreme Court · 1927
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