Dental jurisprudence; an epitome of the law of dentistry and dental surgery

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1914. Not illustrated. Excerpt: ... CHAPTER XVI CONTEACTS IN EESTEAINT OF TEADE Not Favored in Law.--Contracts in restraint of trade,-industry, employment or personal activity are not favored in law because they are considered as being against public policy. The law will not permit any one to restrain a person from doing what the public welfare and his own interest requires that he should do.1 Where the restraint is not general, but partial and reasonable, and founded upon good consideration, such contracts are valid and enforcible.2 Probably the reports of every state in the Union contain adjudicated cases in which some professional man sold the good will of his practice for a consideration, and agreed not to engage in the practice of his profession within a certain distance of his former location. When the inhibition has been reasonably limited as to space, it has been uniformly enforced.3 Specific Performance.--Courts of equity will 1 Homer v. Ashford, 3 Bing., 322. 2 Hedge v. Lowe, 47 1a., 137; Boutelle v. Smith, 116 Mass., Ill; Fairbank v. Leavy, 40 Wis., 637; Linn v. Sigsbee, 67 111., 75; Arnold v. Krutzer, 87 1a., 214. 3 Dwight v. Hamilton, 113 Mass., 175; Cook v. Johnson, 47 Conn., 175; Linn t. Sigsbee, 67 111., 75; Niles v. Fenn, 88 N. T. Supp., 857; Horner v. Graves, 7 Bing., 735; Butler v. Burleson, 16 Vt., 176. enforce specific performance of such negative agreements by restraining a breach, thereof by injunction, prohibiting the covenantor from practicing. The injunctional relief is based upon the theory that the covenantee does not have a complete and adequate remedy at law, since the latter action is for damages only and in which he can recover only what he can prove. The evidence to establish damages might not be available, and, ordinarily, would be purely speculative.4 By all mean...