Sander v. . Hoffman
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants entered upon a verdict, and affirming an order denying a motion for a new trial. ¡Reported helow, 7 J. & S., 307.) This action was brought to recover a sum fixed, as liquidated damages for breach of a covenant.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants entered upon a verdict, and affirming an order denying a motion for a new trial. ¡Reported helow, 7 J. & S., 307.) This action was brought to recover a sum fixed, as liquidated damages for breach of a covenant. The defendant, George Hoffman, had, prior to ¡M¡ay 1,1871, been engaged in a retail business in the city of New York, as a dealer in meat, fish, vegetables and provisions. On that day he sold out to plaintiffs his stock in trade, fixtures, etc., and the…
1Opinion of the CourtRapallo, J.
The covenant, for the breach of which this action was brought, was, that the defendants would not engage in or carry on the specified business during five years from the date of the agreement, within certain limits, in the city of New York. This covenant was given in connection with a sale, by the defendants, of their establishment, within the described limits, and of the good-will of the business, which the defendants had previously carried on there, and was intended to secure to the plaintiffs the enjoyment of such good-will, and protect them against competition by the defendants.
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2Cases cited1 opinion
- Smith v. SmithNew York Supreme Court · 1830
3Cited by11 opinions
- Mohawk Maintenance Co. v. KesslerNew York Court of Appeals · 1981
- Smith v. WalkerMichigan Supreme Court · 1885
- Checket-Columbia Co. v. LipmanCourt of Appeals of Maryland · 1976
- Foxworth-Galbraith Lumber Co. v. TurnerTexas Supreme Court · 1932
- Smith v. MartinIndiana Supreme Court · 1881
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