Harkinson's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Philadelphia: In Equity: Of July Term 1873, No. 90. The hill in this case was filed October 22d 1870, by Abraham Engard against Elizabeth Harkinson.
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Appeal from the Court of Common Pleas of Philadelphia: In Equity: Of July Term 1873, No. 90. The hill in this case was filed October 22d 1870, by Abraham Engard against Elizabeth Harkinson. It alleged that the defendant, on the 11th of August, owned “ Harkinson’s bakery and confectionery establishment,” in the Twenty-second Ward, Philadelphia, where she had, for a number of years, been carrying on that business; that, at the date above mentioned she contracted with the plaintiff for the sale of the “establishment” to him for $30,000. One covenant in the contract was, that she would not engage…
1Opinion of the CourtJustice Mercur
The first question which arises in this case is, has the appellant violated her agreement, not to engage, either directly or indirectly, in that business, the good-will of which she sold to the appellee ?
Her husband had owned and carried on a bakery and confectionery establishment, in the Twenty-second Ward, in the city of Philadelphia. .He devised most of his estate to the appellant absolutely, appointed her his sole executrix, and died leaving six children. She continued the business for a time, and then sold to the appellee the establishment, together with the good-will of the business,…
2Cases cited2 opinions
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