Siegel v. Marcus
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Abe Siegel against Gassel Marcus. ' From a judgment for plaintiff, defendant appeals. Promise without consideration is void. 6 Am. & Eng. Enc. Law, (2nd Ed.) 673 ; Lang v. Werk, 2 Ohio St. Rep. 530. Where one sells the good will of a business, and bargains not to engage in it for a limited period in a certain locality, he is not barred from acting as a clerk in the same business, period and location.
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Appeal from District Court, Cass county; Pollock, J. Action by Abe Siegel against Gassel Marcus. ' From a judgment for plaintiff, defendant appeals. Promise without consideration is void. 6 Am. & Eng. Enc. Law, (2nd Ed.) 673 ; Lang v. Werk, 2 Ohio St. Rep. 530. Where one sells the good will of a business, and bargains not to engage in it for a limited period in a certain locality, he is not barred from acting as a clerk in the same business, period and location. Battershell v. Bauer, 91 111. App. Ct. 181; Haley Grocery Co. v. Haley, So Pac. 595; Bishop on Contracts, (Enlarged Ed.) 521. The…
1Opinion of the CourtFisk, J.
This litigation arose in the district court of Cass county and comes here for trial de novo. The action was brought to obtain a perpetual injunction restraining defendant from engaging in any manner in the pawnbroker, secondhand clothing and jewelry business in the city of Fargo for the period of two years from and after February 18, 1907; it being plaintiff’s contention that defendant entered into a lawful and binding contract to abstain during such period from engaging in such business in said city.
*216The facts are not seriously in dispute, and may be summarized as follows: Prior to February…
2Cases cited11 opinions
- Kramer v. . OldSupreme Court of North Carolina · 1896
- Emery v. BradleySupreme Judicial Court of Maine · 1896
- Mapes v. MetcalfNorth Dakota Supreme Court · 1901
- Nelson v. JohnsonSupreme Court of Minnesota · 1888
- Meyer v. LabauSupreme Court of Louisiana · 1899
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3Cited by8 opinions
- Stoneman v. WilsonSupreme Court of Virginia · 1937
- Feenaughty v. BeallOregon Supreme Court · 1919
- Ryska v. AndersonIdaho Supreme Court · 1950
- Nelson v. BrassingtonWashington Supreme Court · 1911
- Piggly Wiggly Corporation v. SaundersDistrict Court, W.D. Tennessee · 1924
3 more not listed; retrieve them via the Exa API.