{
  "id": 11271188,
  "name": "K. R. WOOTEN v. R. E. HARRIS",
  "name_abbreviation": "Wooten v. Harris",
  "decision_date": "1910-09-21",
  "docket_number": "",
  "first_page": "43",
  "last_page": "46",
  "citations": [
    {
      "type": "official",
      "cite": "153 N.C. 43"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "151 N. C., 604",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8655688
      ],
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        "/nc/151/0604-01"
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    {
      "cite": "86 N. C., 116",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11273020
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/86/0116-01"
      ]
    },
    {
      "cite": "126 N. C., 295",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8659430
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/nc/126/0295-01"
      ]
    },
    {
      "cite": "119 N. C., 1",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8654242
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/119/0001-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:1e0ac2add6871ef9",
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  "last_updated": "2023-07-14T20:39:54.157289+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "K. R. WOOTEN v. R. E. HARRIS."
    ],
    "opinions": [
      {
        "text": "Clark, C. J.\nThe complaint alleges that the plaintiff bought out the defendant, who was his partner in general mercantil\u00e9 business in the town of Falkland, including the defendant\u2019s interest in the \u201cgood will\u201d of the business, and to secure the latter whose purchase was an inducement to the contract, the defendant contracted verbally with plaintiff that he would not again engage in the mercantile business in the town of Falkland, or near enough thereto to interfere with plaintiff\u2019s business. The defendant denied the agreement, but before the jury had decided the issue, his Honor announced that he would non-suit the plaintiff.\nThe nonsuit the defendant contends should be sustained\u2014\n(1) Because the alleged agreement was not in writing. We know of no authority requiring this.\n(2) Because the territory \u201cin town of Falkland or near enough thereto to interfere with plaintiff\u2019s business\u201d is too indefinite. If this wore true as to any place outside of the town, the expression \u201cin the town of Falkland\u201d is definite enough, and the averment is that the defendant had started his new business within the town and in a few feet of the store in whose business he had sold his interest and his share in the \u201cgood will.\u201d In Kramer v. Old, 119 N. C., 1, the expression \u201cin the vicinity of Elizabeth City,\u201d was held good, at least as to Elizabeth City. In Hauser v. Harding, 126 N. C., 295, the territory was \u201cthe town of Yadkinville and the territory surrounding.\u201d This was held an agreement valid within the town limits of Yadkinville.\n(3) The defendant further contends that the agreement is invalid because not limited in duration. But by its very terms, \u201cnot to interfere with the plaintiff\u2019s business,\u201d it is limited to the plaintiff's life time and even to such time as he may be engaged in the same business at that place. In Hauser v. Harding, supra, it was held that if no time was named or indicated, the limitation would be held valid for the grantor\u2019s life time.\nAnd for the last ground of defense the defendant relies upon Laws 1907, ch. 218, sec. 1, subsec. E, which makes it unlawful \u201cfor any person, firm, corporation or association engaged in buying or selling anything of value in North Carolina to make or have an agreement or understanding, express or implied, with any other person, firm, corporation or association not to buy or sell said things of value within certain territorial limits within the State, with the intention of preventing competition in selling or to fix the price or prevent competition in buying of said things of value within said limits.\u201d\nThis last is the real point in the case. But in construing such statute we must consider its object and the evil to be remedied. The history of this legislation is known to all. It is an attempt to make unlawful the formation and operation of great trusts and monopolies which may buy out or crush out all competition in certain articles or business with a view to exercise the power of fixing the prices of the raw material and of the manufactured article, that enormous profits may be extorted thereby at the expense of the public. Neither the language, the known purpose of this enactment nor the history of this legislation will justify its application to the purchase, as here, by one partner of the other\u2019s interest in a general store in a village or town; nor to a similar purchase between other individuals. Such contract, when reasonable in its scope and as to duration and territory, cannot possibly lend itself to the formation of trusts or monopolies, unless shown to be one of many similar. contracts, tending to engross that particular business in a given territory. There is here not shown in evidence any \u201cintention of preventing competition in selling, or to fix the price or prevent competition in buying, of said things of value within said limits.\u201d This contract is therefore not within the terms of the statute. It might be different, if it were shown that this was one of many similar contracts tending to engross or monopolize any given business, or the sale of any article, within the territory named.\nSuch contracts as herein have been held not to be \u201cillegal restraint of trade\u201d in many cases in this Court from Baker v. Gordon, 86 N. C., 116, down to Anders v. Gardner, 151 N. C., 604. To hold such contracts invalid would have no possible effect toward preventing trusts and monopolies, but would merely destroy the \u201cgood will\u201d which one has built up in his business, for it would become valueless and unsalable, if the seller cannot guarantee its possession to the vendee by an agreement not to again engage in the same business at the same place in competition with his vendee.\nThe judgment of nonsuit is\nReversed.",
        "type": "majority",
        "author": "Clark, C. J."
      }
    ],
    "attorneys": [
      "Moore & Long for plaintiff.",
      "Harry Skinner for defendant."
    ],
    "corrections": "",
    "head_matter": "K. R. WOOTEN v. R. E. HARRIS.\n(Filed 21 September, 1910.)\n1. Contracts \u2014 Consideration \u2014 \u201cGood Will\u201d \u2014 Sale of Business \u2014 Restraint \u2014 Writing.\nAn agreement as part of the consideration of purchase of a business that the vendor will not engage in such business in the town, etc., need not be in writing to be valid.\n2. Contracts \u2014 Interpretation\u2014\u201cGood Will\u201d \u2014 Restraint\u2014Sale of Business \u2014 Territory.\nAn agreement made with the purchaser of a business that the vendor will not engage in such business in that town \u201cor near enough thereto to interfere with the vendee\u2019s business,\u201d is not too indefinite a contract to be enforceable, especially when the vendor again commences the business near the place of the vendee in the same town.\n3. Contracts \u2014 Interpretation\u2014\u201cGood Will\" \u2014 Restraint\u2014Sale of Business \u2014 Duration.\nAn agreement with the purchaser of a business that the vendor will not again engage in the business in the same town, etc., or \u201cnear enough thereto to interfere with plaintiff\u2019s, business\u201d is limited in duration to the life of the plaintiff, and thus being definite is enforceable in regard to duration of time.\n4. Contracts \u2014 Restraint\u2014Reasonable Monopolies and Trusts \u2014 Interpretation of Statutes.\nAn agreement of one selling a local mercantile business, not to engage therein in competition with the vendee in that vicinity, does not contravene chapter 218, section 1, subsection 2, Laws 1007, being reasonable in its scope, duration and territory, and for the protection of the \u201cgood will\u201d sold, the statute being directed against monopolies and combinations having the purpose and effect of \u201cpreventing competition in selling, or fixing the price or preventing competition in buying,\u201d etc., and for that reason against public policy.\nAppeal by iilaintifif from Peebles, J., at the January Term, 1910, of Pitt.\nThe facts are stated in the opinion of the Court.\nMoore & Long for plaintiff.\nHarry Skinner for defendant."
  },
  "file_name": "0043-01",
  "first_page_order": 91,
  "last_page_order": 94
}