Harris v. Theus
Supreme Court of Alabama
Appeal from Geneva Chancery Court. Heard before Hon. W. L. Parks. Action by R. L. Theus against W. H. Harris and another. From a decree for plaintiff, defendants appeal. This was a bill filed by Theus against the Harrises for an injunction to restrain the said Harris from engaging in or carrying on the business of buying crude gum and distilling turpentine Avithin 10 miles of the town of Geneva.
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Appeal from Geneva Chancery Court. Heard before Hon. W. L. Parks. Action by R. L. Theus against W. H. Harris and another. From a decree for plaintiff, defendants appeal. This was a bill filed by Theus against the Harrises for an injunction to restrain the said Harris from engaging in or carrying on the business of buying crude gum and distilling turpentine Avithin 10 miles of the town of Geneva. The bill is based ón a contract wherein Theus purchased of Harris certain leases of pine land for turpentine purposes and erected a distillery for the manufacture of turpentine, and a covenant in said…
1Opinion of the Court
DENSON, J. —
It may be conceded as being the general rule in all the states, as well as in England, that contracts -in general restraint of trade are void as. against public policy. — 24 Am. & Eng. Ency. Law (2d Ed.) 842; 3 Am. & Eng. Ency. Law (1st Ed.) p. 882; 9 Cyc. 525; 2 Pom. Eq. Juris. § 934; McCurry v. Gibson, 108 Ala. 451, 18 South 806, 54 Am. St. Rep. 177; Brewer v. Marshall, 19 N. J. Eq. 537, 97 Am. Dec. 679; Mitchell v. Reynolds, 1 P. Wims. 181; Trenton Potteries Co. v. Oliphant (N. J. Eq.) 43 Atl. 723, 46 L. R. A. 255, 78 Am. St. Rep. 612. “In-determining what is the public policy…
2Cases cited16 opinions
- Moore & Handley Hardware Co. v. Towers Hardware Co.Supreme Court of Alabama · 1888
- McCurry v. GibsonSupreme Court of Alabama · 1895
- Trenton Potteries Co. v. OliphantSupreme Court of New Jersey · 1899
- Rogers v. Galloway Female CollegeSupreme Court of Arkansas · 1898
- Wood v. . Whitehead Brothers Co.New York Court of Appeals · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- First Alabama Bank Of Montgomery, N.A. v. First State Insurance CompanyCourt of Appeals for the First Circuit · 1990
- Edgecomb v. EdmonstonMassachusetts Supreme Judicial Court · 1926
- Washington Cranberry Growers Ass'n v. MooreWashington Supreme Court · 1921
- Smith v. WebbSupreme Court of Alabama · 1912
- Maddox v. FullerSupreme Court of Alabama · 1937
20 more not listed; retrieve them via the Exa API.