Boutelle v. Smith
Massachusetts Supreme Judicial Court
Contract by H. P. Boutelle, H. R. Horton and H. L. Houghton, against Henry F. Smith and Charles T. Cushing, to recover the sum of one thousand dollars as liquidated damages, on a bond executed by the defendants, March 18, 1873, the condition of which was as follows: “ The condition of this obligation is such, that whereas the said Boutelle, Horton and Houghton have this day purchased of the said Smith and Cushing their business as bakers, together with the personal property…
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Contract by H. P. Boutelle, H. R. Horton and H. L. Houghton, against Henry F. Smith and Charles T. Cushing, to recover the sum of one thousand dollars as liquidated damages, on a bond executed by the defendants, March 18, 1873, the condition of which was as follows: “ The condition of this obligation is such, that whereas the said Boutelle, Horton and Houghton have this day purchased of the said Smith and Cushing their business as bakers, together with the personal property connected with said business, including the fixtures and property connected with the baksry located on Day Street,…
1Opinion of the CourtGray, C. J.
The validity of this contract is beyond dispute. The restriction which it imposes is confined to a particular place, and is but coextensive with the interests purchased by the defendants of the plaintiffs for a large sum. It is very like the contract upheld in the leading case of Mitchel v. Reynolds, 1 P. Wms. 181; S. C. 10 Mod. 27, 85, 130; Fortescue, 296; the principle of which has been repeatedly affirmed by this court. Alger v. Thacher, 19 Pick. 51, 53. Gilman v. Dwight, 13 Gray, 356. Taylor v. Blanchard, 13 Allen, 370, 374. By its grammatical construction and obvious intent, both the…
2Cited by11 opinions
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- Meyer v. EstesMassachusetts Supreme Judicial Court · 1895
- Emery v. BradleySupreme Judicial Court of Maine · 1896
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