Wiggins Chemical Co. v. Berry

2 Citing cases

  1. Texas Shop Towel v. Haire

    246 S.W.2d 482 (Tex. Civ. App. 1952)   Cited 21 times
    In Haire, the buyer of a business brought claims against the seller for breach of the non-compete agreement the parties had negotiated as part of the sale of the business.

    The covenantor in that case sold her trade secret, over which she had complete control, against anybody who came into possession of the secret while employed by her. But an ordinary customer list is not generally considered a trade secret. Excelsior Laundry Co. v. Diehl, 32 N.M. 169, 252 P. 991; New York Towel Supply Co. v. Lally, Sup., 162 N.Y.S. 247; Boone v. Krieg, 156 Minn. 83, 194 N.W. 92; Stein v. National Life Ass'n, 105 Ga. 821, 32 S.E. 615, 46 L.R.A. 150; Wiggins Chemical Co. v. Berry, 7 Cir., 46 F.2d 622; Woolley's Laundry v. Silva, 304 Mass. 383, 23 N.E.2d 899, 126 A.L.R. 752. In addition to the trade secret which was such a matter over which its owner had control over users to whom it had been disclosed in the necessary course of their employment, the Tode case was one in which the contract between the seller and buyer was clear, express and explicit.

  2. PUTNEY v. DU BOIS CO

    226 S.W.2d 737 (Mo. Ct. App. 1950)   Cited 6 times

    See also Charles of the Ritz Distributors Corp. v. Federal Trade Comm., 2 Cir., 143 F.2d 676. The appellant, in its brief, cites Lenerts et al. v. Rapidol Distributing Corp., D.C., 3 F.R.D. 42; Wiggins Chemical Co. v. Berry, 7 Cir., 46 F.2d 622 and an article by Professor Wigmore in 26 Illinois Law Review, p. 564. The Lenerts case was by the District Court of the Northern Division of New York.