Beeman Bros. v. Hexter
Supreme Court of Iowa
Appeal from' Allamakee District Court. — Hon. W. A. Hoyt, Judge. Action to enjoin the defendant from engaging in trade in violation of his contract. A temporary injunction issued, which, on motion, was dissolved, and from the order the plaintiff firm appealed.
1Opinion of the Court
(xranger, J.
1 *3802 *3813 *379The plaintiff firm purchased from defendant his stock of merchandise in Waukon, and the petition, after reciting the facts as to the purchase, shows that the defendant agreed not to again engage in the same business in Waukon; that he has violated his agreement by again engaging in such business; that he is insolvent, and became so soon after selling his stock to plaintiff, by putting his property out of his possession and control to defraud plaintiff in case it should attempt to collect damage for his breach of the contract of sale; that the contract provided a penalty of one…
2Cases cited4 opinions
- Foley v. McKeeganSupreme Court of Iowa · 1856
- DeGraff, Vrieling & Co. v. WickhamSupreme Court of Iowa · 1892
- Wolf v. Des Moines & Ft. Dodge R'y Co.Supreme Court of Iowa · 1884
- Stafford v. ShortreedSupreme Court of Iowa · 1883
3Cited by2 opinions
- Sanders v. McKimSupreme Court of Iowa · 1908
- State Ex Rel. Switzer v. OverturffSupreme Court of Iowa · 1948