Cleaver v. Lenhart
Supreme Court of Pennsylvania
Appeal, No. 184, Jan. T., 1897, by plaintiff, from order of C. P. York Co., Jan. T., 1897, No. 39, refusing to take off nonsuit. Assumpsit to recover damages for the,breach of an alleged contract not to engage in the creamery business.
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Appeal, No. 184, Jan. T., 1897, by plaintiff, from order of C. P. York Co., Jan. T., 1897, No. 39, refusing to take off nonsuit. Assumpsit to recover damages for the,breach of an alleged contract not to engage in the creamery business. Before W. F. Bay Stewabt, J. At the trial plaintiff offered in evidence the following written agreement: “ This agreement made and concluded this 29th day of June, A. D., 1895, between Oliver J. Lenhart of the county of York, state of Pennsylvania, hereinafter called the party of the first part, and Frank C. Cleaver of the city of Philadelphia, party of the…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The consideration of the original contract dated June 6, 1895, for the conveyance and sale of the creameries therein described, was the sum of $5,950 in money, which was to be *290paid for the properties. Nothing was said in that contract about any restriction upon the seller, Lenhart, in the conduct of the same business at any time or place. He did not become subject to any duty or obligation to abstain from carrying on the same business thereafter, and hence he was at perfect liberty to do so if he chose. It cannot, therefore, be said that it was any part of the…
2Cases cited5 opinions
- Gompers v. RochesterSupreme Court of Pennsylvania · 1868
- Keeler v. TaylorSupreme Court of Pennsylvania · 1867
- Wimer v. Overseers of the PoorSupreme Court of Pennsylvania · 1883
- Hall's AppealSupreme Court of Pennsylvania · 1869
- Harkinson's AppealSupreme Court of Pennsylvania · 1875
3Cited by24 opinions
- Morgan's Home Equipment Corp. v. MartucciSupreme Court of Pennsylvania · 1957
- Teodori v. WernerSupreme Court of Pennsylvania · 1980
- Collins v. Main Line Board of RealtorsSupreme Court of Pennsylvania · 1973
- Quarture Et Ux. v. Allegheny Co.Superior Court of Pennsylvania · 1940
- Markson Bros. v. RedickSuperior Court of Pennsylvania · 1949
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