Trenton Potteries Co. v. Oliphant
New Jersey Court of Chancery
On bill, answer and proofs. The bill of complaint in this cause was filed by the Trenton Potteries Company, a corporation of this state, as complainant, against Richard C. Oliphant, Hughes Oliphant, Robert N, Oliphant, Sidney M. Oliphant, James V. Oliphant, Samuel D. Oliphant and Henry D. Oliphant, defendants, setting up the sale by the defendants to the complainant, of the Delaware pottery and its good will and business, its recipes and formulae by the several agreements…
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On bill, answer and proofs. The bill of complaint in this cause was filed by the Trenton Potteries Company, a corporation of this state, as complainant, against Richard C. Oliphant, Hughes Oliphant, Robert N, Oliphant, Sidney M. Oliphant, James V. Oliphant, Samuel D. Oliphant and Henry D. Oliphant, defendants, setting up the sale by the defendants to the complainant, of the Delaware pottery and its good will and business, its recipes and formulae by the several agreements hereinafter referred to, and charging that the defendants had thereby covenanted not to engage in the business of…
1Opinion of the Court
Grey, V. C.
Before entering upon the consideration of the construction of the covenants in dispute, I will review the evidence upon the issue raised by the denial of James Y. Oliphant that he made them.
The first agreement not to engage in the manufacture of pottery ware was that contained in the option given by Oliphant & Company to Mr. Tapscott dated January 23d, 1891. This instrument is in the form of a letter, opening.: “ Dear Sir — We, the undersigned, do business under the firm name of Oliphant & Company, and own and control the Delaware pottery,” &c. The letter proceeds with an offer to…
2Cases cited4 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Richardson v. BuhlMichigan Supreme Court · 1889
- Cook v. JohnsonSupreme Court of Connecticut · 1879
- Alpaugh v. WoodSupreme Court of New Jersey · 1891
3Cited by6 opinions
- Merica v. BurgetIndiana Court of Appeals · 1905
- Credit Rating Service, Inc. v. CharlesworthNew Jersey Court of Chancery · 1939
- Langberg v. WagnerNew Jersey Court of Chancery · 1927
- John T. Stanley Co. v. LagomarsinoDistrict Court, S.D. New York · 1931
- McClure v. YoungSupreme Court of Arkansas · 1936
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