Franz v. Bieler
California Supreme Court
The complaint alleged that plaintiffs and defendant, on the nineteenth day of April, 1890, entered into a written contract, whereby defendant sold to plaintiffs the goodwill of a certain Avine and liquor business at Eo. 809 East Fourteenth street, city of Oakland, and then and there agreed in xvriting with the plaintiffs, buyers, to refrain from carrying on a' like business Avithin a radius of ten miles from said place of business in any direction within the county of…
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The complaint alleged that plaintiffs and defendant, on the nineteenth day of April, 1890, entered into a written contract, whereby defendant sold to plaintiffs the goodwill of a certain Avine and liquor business at Eo. 809 East Fourteenth street, city of Oakland, and then and there agreed in xvriting with the plaintiffs, buyers, to refrain from carrying on a' like business Avithin a radius of ten miles from said place of business in any direction within the county of Alameda, for the period of ten years from said date, and that in anticipation of a breach of said obligation, the parties…
1Opinion of the Court
The judgment of the superior court in this case was reversed by a decision in Department upon the ground that the complaint failed to state a cause of action, because it contained no allegation of nonpayment. All other points involved in the appeal were ruled in favor of the respondent. After rehearing, we readopt the opinion of the Department, except as to the point upon which the judgment was reversed.
We think the complaint was sufficient without an allegation of nonpayment. The contract of defendant was not simply for the payment of money. It was, on the contrary, a contract not to set up…
2Cases cited1 opinion
- Hughes v. HoultonIndiana Supreme Court · 1839
3Cited by11 opinions
- McCarthy v. TallyCalifornia Supreme Court · 1956
- Hill Medical Corporation v. WycoffCalifornia Court of Appeal · 2001
- Mapes v. MetcalfNorth Dakota Supreme Court · 1901
- Farthing v. San Mateo ClinicCalifornia Court of Appeal · 1956
- Loescher v. PolickySouth Dakota Supreme Court · 1969
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