Legal Opinion

King v. . Fountain

Supreme Court of North Carolina

Decided March 13, 1900PublishedCited by 12 opinions

Civil, ActioN for damages for breach of covenant not to operate a livery business in Greenville, N. C., for three years, and for an injunction, heard before Bowman, J., at Chambers in Pitt County, January 19, 1900, upon notice and affidavits for a continuance of restraining order heretofore granted in the cause.

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Civil, ActioN for damages for breach of covenant not to operate a livery business in Greenville, N. C., for three years, and for an injunction, heard before Bowman, J., at Chambers in Pitt County, January 19, 1900, upon notice and affidavits for a continuance of restraining order heretofore granted in the cause. The plaintiff for the consideration of $1,100 had bought out the horses, vehicles and livery business of the defendant at Greenville, N. 0., on October 26, 1899. The articles of agreement, under seal, contained the stipulation: “The said L. E. Fountain further agrees that he will not…

1Opinion of the CourtFaircloth, C. J.

On October 26, 1899, the defendant was engaged in the livery business at Greenville, N. 0., and on that day, for a valuable consideration, sold to the plaintiff his teams, vehicles, etc., and agreed that he would not run or operate any other livery business in the town of Greenville for the period of three years from that date.

Soon thereafter the wife of the defendant opened and engaged in the livery business in said town, and employed the defendant, her husband, to superintend the business, which he is now operating and conducting in said town. On the hearing of a restraining order, the…

2Cases cited1 opinion

  1. Baker v. . CordonSupreme Court of North Carolina · 1882

3Cited by12 opinions

  1. United Laboratories, Inc. v. KuykendallSupreme Court of North Carolina · 1988
  2. Jewel Box Stores Corporation v. MorrowSupreme Court of North Carolina · 1968
  3. Welcome Wagon International, Inc. v. PenderSupreme Court of North Carolina · 1961
  4. Bradshaw v. . MillikinSupreme Court of North Carolina · 1917
  5. Scott v. . GillisSupreme Court of North Carolina · 1929

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