Home Telephone Co. v. Granby & Neosho Telephone Co.
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. F. 0. Johnston, Judge. (1) Tbe contract between plaintiff and defendant is specially authorized by tbe Statutes of Missouri.
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Appeal from Newton Circuit Court. — Hon. F. 0. Johnston, Judge. (1) Tbe contract between plaintiff and defendant is specially authorized by tbe Statutes of Missouri. R. S. 1899, sec. 1254. (2) Tbe contract between plaintiff and defendant is not invalid as being in restraint of trade, monopolistic or in violation of chapter 148, Revised Statutes of Missouri, 1899. Tbe restraint (if any) is partial and tbe restriction reasonable, and such as affords a fair protection to tbe parties and is not so large as to interfere with tbe general public. Skrainks v. Scbarringbauser, 8 Mo. App. 522; Long v.…
1Opinion of the CourtNortoni, J.
This is a suit in equity. Plaintiff seeks to enjoin further breaches of a contract between it and the defendant. Upon a hearing, the court dismissed the bill and plaintiff prosecutes the appeal. There is no question presented as to the form of the remedy pursued and that matter will remain unnoticed. Both plaintiff and defendant are telephone companies incorporated and existing under the laws of this State. The plaintiff, Home Telephone Company, maintains offices and telephone exchanges at Joplin, Carthage, Car-terville and other points in southwest Missouri and southeast Kansas. The…
Also in this document: Concurrence.
2Cases cited31 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
- Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- G., C. & S. F. R'y Co. v. LevyTexas Supreme Court · 1883
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3Cited by5 opinions
- Home Telephone Co. v. Sarcoxie Light & Telephone Co.Supreme Court of Missouri · 1911
- Clay County Cooperative Telephone Ass'n v. Southwestern Bell Telephone Co.Supreme Court of Kansas · 1920
- Skaggs v. Kansas City Terminal Ry. Co.District Court, W.D. Missouri · 1916
- Pacific Telephone & Telegraph Co. v. AndersonDistrict Court, E.D. Washington · 1912
- Kansas City Terminal Railway Co. v. JamesSupreme Court of Missouri · 1923