DENTISTS AT LAW

Dominion, Volume 21, Issue 190, 14 May 1928, Page 6

DENTISTS AT LAW

CLAIM FOR INJUNCTION.

Dominion Special Service. Palmerston North, Maj’ 11.

“A dentist’s goodwill is apparently like a lawyer's—not worth much,” said Mr. Justice Ostler in the Supreme Court at Palmerston North this morning during the hearing of a claim by Richmond 'Vernon Hooper, dentist, of Palmerston, for an injunction restraining Cyril David Marshall Day, dentist, of Pahiatun, from continuing to practise in that town, together with the sum of £lOO as damages for an alleged breach of contract. The statement of claim set out that defendant, entered plaintiff's employ on February IS, 1924, being set up in practice at Pahiatua under an agreement whereby he contracted, at the time of his engagement, not. to enter into practice in any town within a radius of 50 miles from Palmerston North or Pahiatua. excluding the boroughs of Wanganui and Masterton, for a term of live years. Defendant left plaintiff's employ in December, 1927, and immediately thereafter, without, the knowledge or consent of plaintiff, entered into practice at Pahiatua and had since so carried on. It was alleged by defendant, in his statement of. defence, that the sale was made with the knowledge and consent of plaintiff. It was submitted that the contract was an.unreasonable and unnecessary restraint of defendant's trade or profession and was contrary to public policy and illegal. After hearing evidence and legal argument. His Honour reserved his. decision. Mr. 11. R. Cooper, appeared for plaintiff, and .Mr. 11. F. O’Leary (Wellington), instructed by Mr. E. K. Siddells (Pahiatua), for defendant.