Legal Opinion

Kutash v. Gluckman

Supreme Court of Georgia

Decided April 16, 1942No. 14057PublishedCited by 20 opinions

1Opinion of the Court

Jenkins, Justice.

Among the contracts that are stated by the Code, §. 20-504, to be unenforceable because “against the policy of the law” are '•“contracts in general restraint of trade.” It seems to have long been the rule both in this and other States, in the evolution from strict limitations of the early common law to more liberal principles under modern adjudications, that while a contract in general restraint of trade is void, a contract only in partial restraint will be upheld, “provided the restraint be reasonable,” and the contract be valid in other essentials. Holmes v. Martin, 10 Ga.…

2Cases cited18 opinions

  1. Rakestraw v. LanierSupreme Court of Georgia · 1898
  2. Hood v. LeggSupreme Court of Georgia · 1925
  3. Shirk v. Loftis Bros.Supreme Court of Georgia · 1918
  4. Smith v. DuBoseSupreme Court of Georgia · 1887
  5. Swanson v. KirbySupreme Court of Georgia · 1896

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

3Cited by20 opinions

  1. Orkin Ex. Co. Inc., So. Georgia v. DewberrySupreme Court of Georgia · 1949
  2. Technicolor, Inc. v. TraegerHawaii Supreme Court · 1976
  3. Coffee System of Atlanta v. FoxSupreme Court of Georgia · 1970
  4. Federated Mutual Insurance v. WhitakerSupreme Court of Georgia · 1974
  5. Nelson v. WoodsSupreme Court of Georgia · 1949

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API