Butler v. Burleson
Supreme Court of Vermont
Appeal from the court of chancery. The hill set forth a contract of co-partnership, entered into by the orator and defendant as practising physicians and surgeons, to continue for two years, and by the terms of which, if the orator sold out to the defendant at the expiration of the term, he was not to “settle himself in practice” within twenty miles of the defendant, and, if the defendant did not purchase of the plaintiff his real estate, &c., the defendant was not to “…
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Appeal from the court of chancery. The hill set forth a contract of co-partnership, entered into by the orator and defendant as practising physicians and surgeons, to continue for two years, and by the terms of which, if the orator sold out to the defendant at the expiration of the term, he was not to “settle himself in practice” within twenty miles of the defendant, and, if the defendant did not purchase of the plaintiff his real estate, &c., the defendant was not to “ settle in the practice of medicine or surgery ” within ten miles of the orator. The bill alleged a breach of said contract…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The contract between the parties is plain, clear and explicit, and, according to the terms of it, the defendant agreed, that, at the expiration of.the partnership, if he did not purchase of the plaintiff, he would not settle within ten miles of the plaintiff without his consent; and a similar stipulation was entered into by the complainant, if the defendant did purchase. The intention of the parties, in relation to the term “ settle,,” is sufficiently explicit by referring to the subject about which they were contracting ; that is, they…
2Cited by16 opinions
- West Virginia Transportation Co. v. Ohio River Pipe Line Co.West Virginia Supreme Court · 1883
- United States v. American Medical Ass'nCourt of Appeals for the D.C. Circuit · 1940
- Bradshaw v. . MillikinSupreme Court of North Carolina · 1917
- McCurry v. GibsonSupreme Court of Alabama · 1895
- Beam v. . RutledgeSupreme Court of North Carolina · 1940
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