Legal Opinion

Faust v. . Rohr

Supreme Court of North Carolina

Decided May 30, 1914PublishedCited by 24 opinions

Appeal by plaintiff from Shaw, J., at May Term, 1914, of UNION. This is a motion to vacate a restraining order, previously granted in the action, by which the defendant was “restrained and enjoined from engaging directly or indirectly, or concerning himself, in carrying on or conducting the business of a barber, either as principal, agent, or servant,- within the corporate limits of the city of Monroe, N. 0., until the further order of the court.” 'The defendant was further…

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Appeal by plaintiff from Shaw, J., at May Term, 1914, of UNION. This is a motion to vacate a restraining order, previously granted in the action, by which the defendant was “restrained and enjoined from engaging directly or indirectly, or concerning himself, in carrying on or conducting the business of a barber, either as principal, agent, or servant,- within the corporate limits of the city of Monroe, N. 0., until the further order of the court.” 'The defendant was further required to show cause on Monday, 4 May, 1914, why the restraining order should not be continued, or an injunction…

1Opinion of the Court

Walker, J.,

after stating the case: It may be premised that tbe articles of copartnership, dated 12 June, 1913 (Exhibit 1), contained no terms that expressly, or by necessary implication, abrogated the prior agreement of the parties, dated IS December, 1902, by which fhe plaintiff, E. G-. Faust, purchased from defendant, A. J. Rohr, the furniture and fixtures of the partnership theretofore existing between them, and which firm had conducted the business of barbers in the city of Monroe, N. 0., and in which agreement the defendant, A. J. Rohr, covenanted with the plaintiff, E. G. Eaust, “that…

2Cases cited19 opinions

  1. Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
  2. Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
  3. Kramer v. . OldSupreme Court of North Carolina · 1896
  4. Dwight v. HamiltonMassachusetts Supreme Judicial Court · 1873
  5. Foss v. RobyMassachusetts Supreme Judicial Court · 1907

14 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. United Laboratories, Inc. v. KuykendallSupreme Court of North Carolina · 1988
  2. Wilson v. McClennySupreme Court of North Carolina · 1964
  3. Jewel Box Stores Corporation v. MorrowSupreme Court of North Carolina · 1968
  4. Welcome Wagon International, Inc. v. PenderSupreme Court of North Carolina · 1961
  5. Cooperative Assn. v. . JonesSupreme Court of North Carolina · 1923

19 more not listed; retrieve them via the Exa API.

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