Gordon v. Mansfield
Missouri Court of Appeals
Appeal from the Livingston Circuit Court.—Hen. E. J. Broaddus, Judge. ■ (1) The petition states no cause of action. McKinzie v. Mathews, 59 Mo. 102; Bobbins v. Latham, 134 Mo. 412; Schuster v. Myers, 148 Mo. 429; Bassitt v. Company, 41 N. H. 426. (2) The contract is invalid and injunction will not lie. Mandeville v. Harman, 42 N. J. Eq. 185; 2 Beach on Modern Law of Con., sec. 1562 and cases cited in note 1; Mallinckrodt v. Nemnieh, 2 Mo. App.
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Appeal from the Livingston Circuit Court.—Hen. E. J. Broaddus, Judge. ■ (1) The petition states no cause of action. McKinzie v. Mathews, 59 Mo. 102; Bobbins v. Latham, 134 Mo. 412; Schuster v. Myers, 148 Mo. 429; Bassitt v. Company, 41 N. H. 426. (2) The contract is invalid and injunction will not lie. Mandeville v. Harman, 42 N. J. Eq. 185; 2 Beach on Modern Law of Con., sec. 1562 and cases cited in note 1; Mallinckrodt v. Nemnieh, 2 Mo. App. Bep. 441; Presbury v. Eisher, 18 Mo. 50; Peltz v. Eichele, 62 Mo. Ill; Gill v. Eerris, 82 Mo. 156. (3) There is no evidence of any damage to…
1Opinion of the CourtSmith, P. J.
The plaintiff, a practicing physician, and resident of the state of Virginia, entered into a written contract with the defendant, also a practicing physician, and a resident of the city of Chillicothe and county of Livingston, in this state, by the terms and provisions of which the defendant, for and in consideration of the sum of three thousand dollars, agreed to sell to the plaintiff a certain house and lot in said city, “medical practice, good-will and introduction, large office, electric battery,” etc. There was also a covenant in the said contract to the effect that the defendant would…
2Cases cited18 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Dwight v. HamiltonMassachusetts Supreme Judicial Court · 1873
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- Smalley v. GreeneSupreme Court of Iowa · 1879
- State Savings Bank v. KerchevalSupreme Court of Missouri · 1877
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3Cited by16 opinions
- United States v. American Medical Ass'nCourt of Appeals for the D.C. Circuit · 1940
- Foster v. WhiteAppellate Division of the Supreme Court of the State of New York · 1936
- Prentice v. RoweMissouri Court of Appeals · 1959
- Renwood Food Products, Inc. v. SchaeferMissouri Court of Appeals · 1949
- Renwood Food Products v. SchaeferMissouri Court of Appeals · 1949
11 more not listed; retrieve them via the Exa API.