Bradshaw v. . Millikin
Supreme Court of North Carolina
Civil actioN, from RichmoNd, heard 8 January, 1917, by Webb, J., upon a motion for the continuance of an injunction to the final hearing of the case. The court denied the motion, and plaintiff appealed.
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Civil actioN, from RichmoNd, heard 8 January, 1917, by Webb, J., upon a motion for the continuance of an injunction to the final hearing of the case. The court denied the motion, and plaintiff appealed. These are the facts: Defendant sold and transferred to the plaintiff his barber business in the town of Hamlet, N. C., together with the furniture, fixtures, and other property used therein, and the good will of the business, for a certain consideration, and also agreed that he would not in any manner, either directly or indirectly, engage in the same, or any similar business, in said town for…
1Opinion of the Court
Walker, J.,
after stating the case: The plaintiff appealed, and his counsel contended here that he had a legal right to a continuance of the injunction to the final hearing, whether the bond was given or not, and in this we agree with him. Contracts in restraint of trade, like the one.we are now considering, were formerly held to be in valid as against public policy, but the more modern doctrine sustains them when the restraint is only partial and reasonable. The test suggested by Chief Justice Tindal in Honer v. Graves, 7 Bing., 743, by which to determine whether the restraint is a reasonable…
2Cases cited16 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Willard v. TayloeSupreme Court of the United States · 1870
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Hubbard v. MillerMichigan Supreme Court · 1873
- Keeble v. KeebleSupreme Court of Alabama · 1888
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3Cited by39 opinions
- Knutton v. CofieldSupreme Court of North Carolina · 1968
- Rose v. Vulcan Materials CompanySupreme Court of North Carolina · 1973
- Kadis v. . BrittSupreme Court of North Carolina · 1944
- Tobacco Growers Cooperative Ass'n v. JonesSupreme Court of North Carolina · 1923
- Welcome Wagon International, Inc. v. PenderSupreme Court of North Carolina · 1961
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