Supreme Court of Georgia, 1948

Black v. Horowitz

Supreme Court of Georgia · Decided February 10, 1948 · Head, Bell, Wyatt

46 S.E.2d 346; 203 Ga. 294; 1948 Ga. LEXIS 296 (South Eastern Reporter, Second Series)

Cases that cite this one

13 later published cases cite this decision.

Aladdin, Inc. v. Krasnoff (Ga. 1958)
Mason v. Service Loan & Finance Co. (Ga. Ct. App. 1973)
Insurance Center, Inc. v. Hamilton (Ga. 1963)
MOTORSPORTS OF CONYERS, LLC v. BURBACH (Ga. 2023)
Sires v. Luke (United States District Court for the Southern District of Georgia 1982)
Farmer v. Airco, Inc. (Ga. 1974)
Moore v. Dwoskin, Inc. (Ga. 1970)
Eubanks v. Puritan Chemical Company (Tex. App. 1962)
Thomas v. Coastal Industrial Services, Inc. (Ga. 1959)
Turner v. Robinson (Ga. 1959)
Heard v. Pittard (Ga. 1954)
Griffin v. Vandegriff (Ga. 1949)
Nelson v. Woods (Ga. 1949)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Head, Justice.

1. Contracts in general restraint of trade are void. Code, § 20-504. A contract concerning a lawful and useful business in partial restraint of trade and reasonably limited as to time and territory is not void. Hood v. Legg, 160 Ga. 620, 627 (128 S. E. 891); Strauss v. Phillips, 180 Ga. 641 (180 S. E. 123); Kutash v. Gluckman, 193 Ga. 805 (20 S. E. 2d, 128). *295 2. The contract in this case, restricting the right of the defendant Sorrells to engage in the business of roasting and blending coffee, and reasonably limited in time to five years, and in territory to the “Greater Atlanta Area,” is valid and enforceable.

No. 16104. February 10, 1948.

3. Misjoinder of parties and causes of action can only be taken advantage of by special demurrer. Riley v. Royal Arcanum, 140 Ga. 178 (1-b) (78 S. E. 303); Butler v. McClure, 177 Ga. 552 (170 S. E. 678); Wilkinson v. Smith, 179 Ga. 507 (176 S. E. 373).

4. The trial court’s rulings excepted to were limited to the general demurrers of the defendant, and argument by counsel for the plaintiff in error in his brief that there was a misjoinder of parties and actions presents no question for review by this court.

Judgment affirmed.

All the Justices concur, except Bell, J., absent on account of illness, and Wyatt, J., who took no part in the consideration or decision of this case. *296 Herbert Johnson and Gwen Jones Johnson, for plaintiffs in error. Irving K. Kaler and Morris W. Macey, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.