Howard v. Taylor
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. Henry O. Speake. This action Avas brought by Wm. T. Taylor against Frank A. Howard, and was commenced on the 14th March, 1887. The complaint claimed $2,000 damages, for the defendant’s alleged breach of a contract by which he sold to plaintiff his bar and fixtures in the town of Decatur, with the good-will, and the unexpired lease, at the aggregate price of $1,400, and promised and agreed that he would not carry…
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Appeal from the Circuit Court of Morgan. Tried before the Hon. Henry O. Speake. This action Avas brought by Wm. T. Taylor against Frank A. Howard, and was commenced on the 14th March, 1887. The complaint claimed $2,000 damages, for the defendant’s alleged breach of a contract by which he sold to plaintiff his bar and fixtures in the town of Decatur, with the good-will, and the unexpired lease, at the aggregate price of $1,400, and promised and agreed that he would not carry on the same business at any other place in the town, but would remove his ■stock of goods and business into Limestone…
1Opinion of the CourtOlopton, J.
The facts, on which the instruction as to the measure of recovery is based, are, that there was a sale by defendant to plaintiff of the bar-fixtures, the right to lease the house in which defendant was doing business, and the goodwill of the trade or business, for the gross sum of fourteen hundred dollars; that defendant promised to treat and regard his licenses, the estimated cost of which for the unexpired term formed a part of the fourteen hundred dollars, as can-celled, and not to engage or continue after the sale in the business of retailing in the town of Decatur, but to remove his'…
2Cases cited4 opinions
- Mitchell v. . ReadNew York Court of Appeals · 1881
- Washburn v. DoschWisconsin Supreme Court · 1887
- Rose's Executors v. BozemanSupreme Court of Alabama · 1868
- Rawson v. PrattIndiana Supreme Court · 1883
3Cited by15 opinions
- Bradford & Carson v. Montgomery Furniture Co.Tennessee Supreme Court · 1905
- Gregory v. SpiekerCalifornia Supreme Court · 1895
- Marks & Co. v. HastingsSupreme Court of Alabama · 1893
- Brown v. BenzingerCourt of Appeals of Maryland · 1912
- Collas v. BrownSupreme Court of Alabama · 1924
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