Whitney v. Slayton
Supreme Judicial Court of Maine
On Exceptions fron Nisi Prius, Appleton J., presiding. Debt, on a bond. On the 21st day of Eeb. 1852, defendant executed a bond to plaintiff of $5000, with this condition : — “ that whereas the above named Slayton lias this day sold out his foundry •establishment in Calais, to the parties above named, and has agreed not to engage in the business of iron casting within sixty miles of Calais for the term of ten years from this date; now if the said Slayton shall well and truly…
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On Exceptions fron Nisi Prius, Appleton J., presiding. Debt, on a bond. On the 21st day of Eeb. 1852, defendant executed a bond to plaintiff of $5000, with this condition : — “ that whereas the above named Slayton lias this day sold out his foundry •establishment in Calais, to the parties above named, and has agreed not to engage in the business of iron casting within sixty miles of Calais for the term of ten years from this date; now if the said Slayton shall well and truly fulfil his said agreement, and not engage in said business within said space in said time, then the above bond to be…
1Opinion of the CourtTenney, J.
The contract mentioned in the condition of the bond declared on is, that the defendant having sold out his foundry established in Calais, to the plaintiffs, had agreed not to engage in the business of iron casting, within sixty miles of Calais, for the term of ten years from the date of the bond. Eor the alleged breach of this contract, damages are claimed. Evidence was introduced, which satisfied the jury under the rulings and instructions of the Court, that the bond had been broken before the commencement of the action; and by the direction of the Court, damages to the time of the trial, as…
2Cited by9 opinions
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