Wolff v. Hirschfeld
| Decision Date | 23 May 1900 |
| Citation | 57 S.W. 572 |
| Parties | WOLFF v. HIRSCHFELD. |
| Court | Texas Court of Appeals |
Appeal from district court, Guadalupe county; M. Kennon, Judge.
Action by Louis Hirschfeld against H. T. Wolff. From a judgment in favor of plaintiff, defendant appeals. Affirmed.
Jas. Greenwood, for appellant. Dibrell & Mosheim, for appellee.
The petition averred, substantially: That on December 5, 1898, defendant was a practicing physician in the town of Marion, in Guadalupe county, where he owned a homestead. That on said date appellee, also a practicing physician in Guadalupe county, came to Marion seeking a location for the practice of his profession. That plaintiff agreed to purchase defendant's said property for $3,000, provided the latter would sell his good will as a practicing physician and surgeon within a radius of 10 miles of Marion for 10 years. That such agreement was consummated on said date by a deed of conveyance from defendant and his wife to plaintiff of the property, it containing the following provision: "Also I, H. T. Wolff, do agree that I will not locate in the town of Marion, or within a radius of ten miles of said town of Marion, to practice medicine, for the space of ten years from date hereof, intending hereby to convey my good will as well as my property." The petition alleged that, independent of the said good will, the property was not worth the price of $3,000, but less than $2,000, also that defendant had been and was violating the said agreement by establishing a regular office at Marion and engaging there in the practice of medicine and surgery, and prayed for damages and injunction. The case was tried by the court, who gave judgment for plaintiff for $10 damages, and awarded the injunction as prayed for, viz. that defendant be restrained from locating or establishing an office in the town of Marion, or within a radius of 10 miles thereof, to practice medicine and surgery within said town or a radius of 10 miles thereof, unless he be sent for outside of such radius, or from a point outside of such radius, and from interfering with plaintiff's practice of medicine by establishing or locating an office for the purpose of practicing medicine and receiving calls from patients within a radius of 10 miles from Marion, until the expiration of 10 years from December 5, 1898. There is no statement of facts in the record, and the assignments of error present for review the court's action on demurrers to the petition.
The second assignment is that the second special exception called the court's attention to...
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