Union Fur Shop, Inc. v. Max Melzer, Inc.

The opinion of the court was delivered by

Heher, J.

The learned Yice-Chaneellor found it to have been the common intention of the parties to the original sale to convey the good will of the business sold and the trade name “Union Fur Shop,” absolutely and unconditionally, without limitation of use to the premises wherein the business had theretofore been conducted, as appellant conceives is the restriction of paragraph 6 of the bill of sale; and this finding of fact is sustained by evidence that is clear and convincing.

The primary asset bargained for was the good will and trade name. A trade…