McClurg's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Chester county: In equity. Dr. Benjamin Thompson filed a bill against Dr. John R. McClurg, averring as follows: That the defendant, being a practising physician at Chandlerville, Chester county, agreed, on the 22d of January 1859, with the plaintiff to sell him his office fixtures and furniture, &c., with his good-will in his profession, for $125, and bound himself to remove not less than twelve miles from the place, and…
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Appeal from the decree of the Court of Common Pleas of Chester county: In equity. Dr. Benjamin Thompson filed a bill against Dr. John R. McClurg, averring as follows: That the defendant, being a practising physician at Chandlerville, Chester county, agreed, on the 22d of January 1859, with the plaintiff to sell him his office fixtures and furniture, &c., with his good-will in his profession, for $125, and bound himself to remove not less than twelve miles from the place, and never thereafter to establish himself as a physician within twelve miles without the plaintiff’s consent, to use his…
1Opinion of the Court
The opinion of the court was delivered, January 28th 1868, by
Sharswood, J.
That contracts restraining the exercise of a trade or profession in particular localities are valid, when there is a fair and reasonable ground for the restriction, as in the case of the sale of the good-will of a trade or business when the vendor covenants not to pursue the same business within certain prescribed limits, is beyond question. The leading case is Mitchel v. Reynolds, 1 P. Wms. 181, in which C. J. Parker delivered a long and elaborate opinion. The doctrine has been at rest ever since, as Lord Kenyon…
2Cited by11 opinions
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- United States v. American Medical Ass'nCourt of Appeals for the D.C. Circuit · 1940
- Threlkeld v. StewardSupreme Court of Oklahoma · 1909
- Pittsburg Stove & Range Co. v. Pennsylvania Stove Co.Supreme Court of Pennsylvania · 1904
- Erie County Milk Ass'n v. RipleySuperior Court of Pennsylvania · 1901
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