Fullerton Lumber Co. v. Torborg
Supreme Court of Wisconsin
70 N.W.2d 585 (1955)
Fullerton Lumber Company (Fullerton Lumber) (plaintiff) is a Minnesota corporation that operates retail lumber yards in Wisconsin. Albert C. Torborg (defendant) began working for Fullerton Lumber as a manager in 1938. On April 5, 1946, Torborg signed an employment contract with Fullerton Lumber to manage a lumber yard in Clintonville, Wisconsin. The contract included a restraint-of-trade provision that prevented Torborg from working in a similar enterprise within a 15-mile radius of the Clintonville location for 10 years after leaving his employment. In November 1953, Torborg quit in order to open his own lumber yard in the same city. Three Fullerton Lumber employees went to work at Torborg’s lumber yard. Fullerton Lumber sued Torborg to enjoin him from operating his lumber yard pursuant to the restraint-of-trade provision. The trial court ruled that the restraint as to time was unreasonably long and not reasonably necessary to fairly protect Fullerton Lumber’s business. The trial court accordingly dismissed Fullerton Lumber’s complaint.
Rule of Law
Holding and Reasoning (Martin, J.)
Dissent (Gehl, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.