Sanders v. Walker

ARNOLD, Judge.

Defendants first assign error to the denial of their motions to dismiss at the close of plaintiffs’ evidence and all the evidence. They argue that there is insufficient evidence of a sale of the business, and that even if a sale is found the name of the business is a personal trade name that would not be conveyed as part of the sale.

It is stipulated that defndants owned and operated the R & R Fuel Oil Service from 1961 to 1974. To be entitled to an injunction against further use of the business name by defendants plaintiffs had to show either that defendants sold the business to…