Fullerton Lumber Co. v. Torborg

The defendant contends that-since the trial court by its judgment complied exactly with the mandate of *482this court which directed only that the trial court determine the extent of time as to which the restrictive covenant is reasonable and necessary for plaintiff’s protection, and the enjoining of the defendant from breach of the covenant, it has fulfilled its duty under the law and that it is powerless to properly entertain consideration of the damage issue raised under the pleadings. In support of this position the defendant relied upon sec. 274.35 (1), Stats., and also upon many texts and…