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May 4, 1935


JAMA. 1935;104(18):1664-1665. doi:10.1001/jama.1935.02760180096037

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Contracts in Restraint of Medical Practice.—  The defendant sold to the plaintiff all of his office equipment, medical business and fixtures, including the good will of the business, and agreed that he would not for a period of five years there-after open offices within the counties of Sutter or Yuba, California, for general or special practice of medicine or surgery. Within the time limit named, the defendant did open an office in the city of Marysville, county of Sutter, for the practice of medicine and surgery. In this action, the plaintiff sought to restrain the defendant from continuing in his practice contrary to his agreement. The trial court gave judgment for the plaintiff, and the defendant appealed to the district court of appeal, third district, California.The defendant admitted all the allegations of the complaint but claimed that his agreement not to practice was void under section 1673 of the

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