Kyle v. Perfection Mattress Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before tbe Hon. John C. Carmichael. Tbe facts in this case are sufficiently 'stated in tbe opinion. As we understand tbe law, tbe sale of “good will” is a sale of nothing but tbe chance of being able to keep the business which has been established. It is the sale of a mere chance which vests in the purchaser the possibility that a preference that has usually been extended may continue. — 8 Amer. & Eng.
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Appeal from the Chancery Court of Jefferson. Heard before tbe Hon. John C. Carmichael. Tbe facts in this case are sufficiently 'stated in tbe opinion. As we understand tbe law, tbe sale of “good will” is a sale of nothing but tbe chance of being able to keep the business which has been established. It is the sale of a mere chance which vests in the purchaser the possibility that a preference that has usually been extended may continue. — 8 Amer. & Eng. Ene. of' Law, 1366. A sale of good will does not imply a contract on the part of a vendor to not again engage in a similar business. — 8 Amer.…
1Opinion of the CourtTyson, J.
In this cause the appellee filed its bill for an injunction against the appellants to restrain an appropriation by them of its trade-mark and infringe„ment of its good will. The injunction being granted and the bill answered, motion was made to dissolve the former and dismiss the latter. These motions being refused, this appeal is prosecuted to review the rulings of the court in that respect. There is practically no' dispute about the facts or as to the abstract principles of law involved. The difficulty arises out of the application of the principles to the facts admitted. The facts are, in…
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