Schroeder v. Schultz

Citations

• 26 Ohio C.C. Dec. 570
• 16 Ohio C.C. (n.s.) 303
• 1908 Ohio Misc. LEXIS 335

Syllabus

<p>INJUNCTION — RESTRAINT OF TRADE.</p> <p>1. Contracts in Partial Restraint of Trade Strictly Construed Enforced Only when Plain Violation Appears.</p> <p>Contracts in restraint of trade, though the restraint is partial only, are not looked upon with favor, are strictly construed and are enforced only in clear cases, where material damage to the ■ 'plaintiff is apparent and no irrevocable hardship will result to the defendant and others.</p> <p>Z. Son Agreeing not to Engage in Named Business not Enjoinabie from Assisting Father in Same Line of Business.</p> <p>One who has agreed not to start in the express and moving business within a certain territory for five years, will not be enjoined from taking care of horses and driving them for his father, who is engaged in said business within the forbidden territory, even though the evidence shows he has solicited one order for business for his father within said territory.</p> <p>[Syllabus by the court.]</p>