Herbert v. WG Bush & Company

Thomas L. Herbert, Jr., sold certain stock which he owned, or controlled, in W. G. Bush & Company to the corporation. As a condition for the sale and purchase of this stock the corporation required and T. L. Herbert, Jr., gave a covenant not to compete with Bush in its business for twenty-five years. Thomas L. Herbert, Jr., filed the bill to strike down this part of the agreement on the ground that it was in restraint of trade and void under the statute of Tennessee, Code sec. 5880; and, furthermore, the agreement not to compete was invalid and void in that it was in violation of the…