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MARTIN v. RATLIFF FURNITURE CO.

264 S.W.2d 273 (1954)

MARTIN et al. v. RATLIFF FURNITURE CO., Inc.

Court of Appeals of Kentucky.

January 29, 1954.

Attorney(s) appearing for the Case

J. Smith Hays, Sr., J. Smith Hays, Jr., William O. Hays, Winchester, for appellants.

H. T. Lisle, Winchester, Angus McDonald, Lexington, for appellee.

WADDILL, Commissioner.

This appeal is from a judgment which upholds the validity of a "stay-out-of-business" agreement and enjoins the appellants from engaging in the furniture business in Clark County for a period of five years. The appellant, William S. Martin, urges that the agreement is an instrument in restraint of trade and is void. Also he urges that the agreement was obtained from him by duress, and without consideration, and therefore is unenforceable. Both...

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