Mills v. Cleveland

Citations

• 87 Kan. 549
• 125 P. 58
• 1912 Kan. LEXIS 193

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Contracts — In Restraint óf Trade — Public Policy. While contracts in general restraint of trade or business are void, contracts less restrictive are invalid only when inimical to the public welfare, and they are to be judged, not by the arbitrary measure of extent in time or extent .in space, but by their reasonableness under all the circumstances, having regard both for the liberty of a person to make beneficial use of his own and the public consequences of such use.</p> <p>2. - Sale of Physician’s Specialties, Formulas and Good Will. The contract involved in this case, limiting the right of a physician to practice a specialty and limiting his right to sell or disclose certain formulas used in such practice, is held to be valid.</p> <p>3. -Injunction — Good Will and Influence. A physician who is a member of a firm practicing a specialty and making use of certain remedies and formulas in such practice, may on retiring sell his influence and good will to the firm or its successors, and having done so he and anyone in collusion with him may be enjoined from doing any act 'which, prevents the vendees from enjoying the benefits of such influence and good, will to the same extent as they were enjoyed before the sale.</p>