Clark v. Britton
Supreme Court of New Hampshire
Assumpsit. Trial by jury and verdict for the defendant. Transferred from the May term, 1910, of the superior court by Chamberlin, J. Roscoe M. Flanders, the defendant’s intestate, was the owner of a gristmill and sold grain at retail.
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Assumpsit. Trial by jury and verdict for the defendant. Transferred from the May term, 1910, of the superior court by Chamberlin, J. Roscoe M. Flanders, the defendant’s intestate, was the owner of a gristmill and sold grain at retail. August 28, 1903, he sold his business to the plaintiff and agreed with him in writing as follows: “In consideration that G. B. Clark has this day purchased my gristmill at Wolfeboro Falls, it is hereby agreed to and with the said Clark that I will not in any way, form, or manner deal in grain within a radius of ten miles of said gristmill for the term of ten…
1Opinion of the CourtYoung, J.
If the intestate sold grain within ten miles of the mill he broke the contract; for selling grain on commission is a form of dealing in grain, if “deal” is given its ordinary meaning. It is improbable that the words “in any way, form, or manner” would have been used if the sole purpose of the parties had been to prevent the intestate from selling grain at retail. These words tend to prove that the intestate was not to engage in any branch of the grain business, either on his own behalf or on behalf of another, and there is nothing to rebut this presumption. Under the rule which is now applied…
2Cases cited2 opinions
- Hurd v. DunsmoreSupreme Court of New Hampshire · 1884
- Houghton v. PatteeSupreme Court of New Hampshire · 1878
3Cited by1 opinion
- Durand v. CohenSupreme Court of New Hampshire · 1934