Watrous v. Allen
Michigan Supreme Court
Appeal from Glare. (Judkins, J.) Injunction bill. Complainant appeals. Conditions against the sale of liquor will be enforced in equity : Plumb v. Tubbs 41 N. Y. 442. Courts will not enforce any agreement of which the object is to create a monopoly in any business : Mitehel v. Reynolds 1 P. A¥ms. 190; Wright v. Ryder 36 Cal. 342 ; Oregon Steam Wav. Go. v. Hale 1 Wash. 283 ; St. Josef h db Denver City R. Go. v. Ryan 11 Kan. 602: 15 Am.
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Appeal from Glare. (Judkins, J.) Injunction bill. Complainant appeals. Conditions against the sale of liquor will be enforced in equity : Plumb v. Tubbs 41 N. Y. 442. Courts will not enforce any agreement of which the object is to create a monopoly in any business : Mitehel v. Reynolds 1 P. A¥ms. 190; Wright v. Ryder 36 Cal. 342 ; Oregon Steam Wav. Go. v. Hale 1 Wash. 283 ; St. Josef h db Denver City R. Go. v. Ryan 11 Kan. 602: 15 Am. Rep. 357; Williamson v. G. R. 1. (& P. R. Co. 53 la. 126: 36 Am. Rep. 206 ; Marsh v. Fairbury P. db W. W. R. Go. 64 111. 414: 16 Am. Rep. 564; Horner v. Grames…
1Opinion of the CourtCooley, C. J.
The purpose of the bill in this case is to obtain a perpetual injunction against the carrying on of the business of dealing in intoxicating drinks on certain premises in the village of Meredith, in the county of Clare.
The allegations of the bill are as follows:
On February 28, 1884, Thomas J. McClennan was owner of the premises in question, and sold the same to the defendants James D. Allen and William F. Holtz, and made and *364delivered to them a deed thereof. This deed contained the following proviso:
“ Provided always, and this contract and the estate in said premises hereby created is subject…
2Cases cited15 opinions
- Hills v. MillerNew York Court of Chancery · 1831
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Horsburg v. BakerSupreme Court of the United States · 1828
- Beal v. ChaseMichigan Supreme Court · 1875
- Gibert v. . PetelerNew York Court of Appeals · 1868
10 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Rigs v. SokolMassachusetts Supreme Judicial Court · 1945
- Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
- Bradshaw v. . MillikinSupreme Court of North Carolina · 1917
- Coughlin v. BarkerMissouri Court of Appeals · 1891
- McCurry v. GibsonSupreme Court of Alabama · 1895
34 more not listed; retrieve them via the Exa API.