Jefferson Reeves & Co. v. Sprague
Supreme Court of North Carolina
The defendant Sprague, in August, 1893, being engaged in tlie drug business in Waynesville, sold a portion of his stock to the plaintiffs, and in the contract was the following stipulation : “And it. is further agreed that for the space of three years from the date of this contract the said John F. Sprague will not enter into the drug business in the town of Waynesville, and the said John F. Sprague does by these presents covenant and agree, with the said Jefferson Reeves &…
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The defendant Sprague, in August, 1893, being engaged in tlie drug business in Waynesville, sold a portion of his stock to the plaintiffs, and in the contract was the following stipulation : “And it. is further agreed that for the space of three years from the date of this contract the said John F. Sprague will not enter into the drug business in the town of Waynesville, and the said John F. Sprague does by these presents covenant and agree, with the said Jefferson Reeves & Co. that during said space of three years he will secure the said Jefferson Reeves & Co. against J. B. S. McIntosh, D.…
1Opinion of the Court
BunwKLL, J.:
We have carefully examined the affidavits and exhibits filed in this cause and find nothing that in our opinion entitles the plaintiffs to enjoin the appellant, J. R. Davis, from carrying on the business of a druggist in the town of Waynesville. The defendant Sprague is bound by his contract with the plaintiffs not to engage in that business at the place named, but the defendant Davis is not under any such obligation. Indeed, there is no contract whatever between him and the plaintiffs. Pie bought a stock of drugs from Sprague, it seems, as he was free to do. ITe secured the…
2Cited by9 opinions
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- Sineath v. . KatzisSupreme Court of North Carolina · 1941
- Sineath v. KatzisSupreme Court of North Carolina · 1941
- Stoia v. MiskinisMichigan Supreme Court · 1941
- Finch Bros. v. MichaelSupreme Court of North Carolina · 1914
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