Paxson's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Montgomery ‘county: In Equity: Of January Term 1884, No. 334. Bill in equity, filed September 8, 1880, between John Paxson, M. D., complainant, and Thomas Betts, M. D., defendant, praying for a preliminary injunction to restrain the defendant from practising his profession without the limits of the city and county of Philadelphia, within a circuit of five miles of Jenkintown, Montgomery county, Pennsylvania.
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Appeal from the Court of Common Pleas of Montgomery ‘county: In Equity: Of January Term 1884, No. 334. Bill in equity, filed September 8, 1880, between John Paxson, M. D., complainant, and Thomas Betts, M. D., defendant, praying for a preliminary injunction to restrain the defendant from practising his profession without the limits of the city and county of Philadelphia, within a circuit of five miles of Jenkintown, Montgomery county, Pennsylvania. The court below entered a decree awarding the preliminary injunction, and an appeal by the defendant from this decree was dismissed by the Supreme…
1Opinion of the CourtJustice Trunkey
Little need be said in vindication of the decree. In this court the validity of the contracts dated respectively February 2, 1871, and May 22, 1875, has not been questioned, and the construction of the latter by the learned judge of the common pleas, harmonizes with the understanding thereof by the parties at the time of its execution as shown by their acts immediately following. No difference has arisen respecting the meaning of the first. Dr. Betts agreed never to locate again in Jenkintown for the purpose of resuming the practice of medicine, and that he would never in any way practise…
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