Hampton v. Caldwell
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; It is not enough that the court find that some contract was made, but must find one that is clear, convincing and certain in all its terms. 78 Ark. 160. It takes the same quantity and quality of evidence to procure an injunction restraining the breach of a contract as to enforce specific performance. 120 S. W. 829. The sale of the “good will” does not include a condition that the vendor will not re-enter…
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Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; It is not enough that the court find that some contract was made, but must find one that is clear, convincing and certain in all its terms. 78 Ark. 160. It takes the same quantity and quality of evidence to procure an injunction restraining the breach of a contract as to enforce specific performance. 120 S. W. 829. The sale of the “good will” does not include a condition that the vendor will not re-enter the same business. 9 L. R. A. TN. S.) 979- The contract was not within the statute of frauds because it is one that may…
1Opinion of the CourtMcCulloch, C. J.
Defendant, Thomas Hampton, is a barber, and owned and operated a barber shop in the town of Walnut Ridge, and on May 19, 1909, sold out to the plaintiffs, Caldwell & Hall. He claims that he sold to them the shop outfit for the sum of $750, and that there was no other agreement concerning the matter save that of the sale. Plaintiffs claim that he sold them the outfit for $500, and the good will of the business for $250, expressly agreeing not to again go into that business at Walnut Ridge. A few months later he started to open another shop at that place, and they instituted this action in the…
2Cases cited5 opinions
- Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
- Meyer v. RobertsSupreme Court of Arkansas · 1885
- Railway Co. v. WhitleySupreme Court of Arkansas · 1891
- Valley Planting Co. v. WiseSupreme Court of Arkansas · 1909
- Sullivan v. WintersSupreme Court of Arkansas · 1909
3Cited by11 opinions
- McLeod v. MeyerSupreme Court of Arkansas · 1963
- Shapard v. LesserSupreme Court of Arkansas · 1917
- Kimbro v. WellsSupreme Court of Arkansas · 1914
- Reed Oil Company v. CainSupreme Court of Arkansas · 1925
- Wakenight v. Spear & RogersSupreme Court of Arkansas · 1921
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