Johnson v. Friedhoff
New York Court of Common Pleas
Appeal from city court, general term. Action by Christopher A. Johnson, as administrator of Christopher Johnson, against John P. Priedhoff. From a judgment of the city court (23 N. Y. sSupp. 665) affirming a judgment dismissing the complaint, plaintiff appeals. Reversed. The action was brought to recover the sum of $1,210, balance due on the purchase of the lease of the premises 112 Sixth avenue, and the good will of the business theretofore conducted at said place.
Read the full summary
Appeal from city court, general term. Action by Christopher A. Johnson, as administrator of Christopher Johnson, against John P. Priedhoff. From a judgment of the city court (23 N. Y. sSupp. 665) affirming a judgment dismissing the complaint, plaintiff appeals. Reversed. The action was brought to recover the sum of $1,210, balance due on the purchase of the lease of the premises 112 Sixth avenue, and the good will of the business theretofore conducted at said place. The premisesi were sold at public auction, and the defendant’s bid was $1,250. The answer of the defendant contains various…
1Per curiam
The good will of a business is the custom which it attracts, and the benefits or advantage it receives from constant or habitual customers, and the probability that the old customers will continue to come to the place. 1 Burrill, Law Dict. 689; Fenn v. Bolles, 7 Abb. Pr. 202. The vendor who sells the good will of a business guaranties nothing, for, in the nature of things, he can give no assurance that' the patronage of the place will continue. It is the sale of a mere chance that a preference which has usually been extended will continue. 8 Am. & Eng. Enc. Law, p. 1366. He sells what he has,…
2Cases cited1 opinion
- Fenn v. BollesThe Superior Court of New York City · 1858
3Cited by2 opinions
- Harshbarger v. EbyIdaho Supreme Court · 1916
- Olsen v. OlsenIdaho Supreme Court · 1994