Brown v. Needles
Supreme Court of Iowa
Appeal from Gass District Gow't. — 'Shelby Oullison, Judge. Action to recover liquidated damages. It appears that the plaintiff and the defendant entered into a written contract, by the terms of which plaintiff purchased from the defendant certain property used in and about his blacksmith shop, and the good will of his business, for a consideration to be determined by the parties by methods provided for in the contract.
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Appeal from Gass District Gow't. — 'Shelby Oullison, Judge. Action to recover liquidated damages. It appears that the plaintiff and the defendant entered into a written contract, by the terms of which plaintiff purchased from the defendant certain property used in and about his blacksmith shop, and the good will of his business, for a consideration to be determined by the parties by methods provided for in the contract. As a part of the contract, it was stipulated that the defendant would not again engage in business in the city of Atlantic while the plaintiff was so engaged. The contract…
1Opinion of the CourtGaynor, J.
At the time and prior to the happening of the matters herein set out, the plaintiff and the defendant were both engaged in a general blacksmithing business at *879Atlantic, Iowa. For some reason satisfactory to both, the defendant agreed to sell his stock and the good will of his business to the plaintiff, and on the 9th day of March, 1915, an agreement in writing was entered into between them to that effect. The contract recites:
“Meaning and intending to transfer and convey to the second party the good will of the entire business heretofore operated by the defendant.”
It was agreed in this…
2Cited by4 opinions
- Ellis v. WadleighWashington Supreme Court · 1947
- Rasch v. City of BloomfieldSupreme Court of Iowa · 1967
- Knudson v. BlandSupreme Court of Iowa · 1962
- Rasch v. City of BloomfieldSupreme Court of Iowa · 1970