Cottington v. Swan
Wisconsin Supreme Court
Appeal from an. order of the circuit court for Chippewa coupty: A. J. Viwje, Circuit Judge. The plaintiff alleges that on May 2, 1904, lie and one O. B. Ackley purchased defendant’s livery business, good will, and property, consisting of the usual equipment for conducting such a business, located in the village of Bloomer in this state; that they paid for such business, property, and good will the sum of $800; and that defendant duly transferred it to them upon payment of…
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Appeal from an. order of the circuit court for Chippewa coupty: A. J. Viwje, Circuit Judge. The plaintiff alleges that on May 2, 1904, lie and one O. B. Ackley purchased defendant’s livery business, good will, and property, consisting of the usual equipment for conducting such a business, located in the village of Bloomer in this state; that they paid for such business, property, and good will the sum of $800; and that defendant duly transferred it to them upon payment of the specified consideration. The defendant, as a condition of such sale and transfer, covenanted and agreed as follows:…
1Opinion of the Court
SiebéoiceR, J.
The only ground of objection urged to the complaint is that the contract upon which recovery is claimed by the plaintiff is in restraint of trade and the courts therefore will not enforce it nor consider the question of injury resulting from its breach. Contracts in restraint of trade have been repeatedly considered by this court and held to be void as against public policy, “unless limited, as to time, space, and extent of trade, to what is reasonable under the circumstances of the case, because they tend to deprive the public of the services of the persons in those capacities…
2Cases cited13 opinions
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Hubbard v. MillerMichigan Supreme Court · 1873
- Linn v. SigsbeeIllinois Supreme Court · 1873
- Beal v. ChaseMichigan Supreme Court · 1875
- Cook v. JohnsonSupreme Court of Connecticut · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Reiman Associates, Inc. v. R/A Advertising, Inc.Court of Appeals of Wisconsin · 1981
- Fullerton Lumber Co. v. TorborgWisconsin Supreme Court · 1955
- Eureka Laundry Co. v. LongWisconsin Supreme Court · 1911
- My Laundry Co. v. SchmelingWisconsin Supreme Court · 1906
- Pulp Wood Co. v. Green Bay Paper & Fiber Co.Wisconsin Supreme Court · 1914
13 more not listed; retrieve them via the Exa API.