MacKen v. Martinez

Plaintiff appeals from a judgment against defendant in the sum of $10.

Question Presented

In this action under section 16601, Business and Professions Code, for violation of a noncompetition agreement in a sale of goodwill of a business, is plaintiff entitled to more than nominal damages ?

Record

March 17, 1959, plaintiff and defendant, partners in the operation of a bar and restaurant near Sacramento known as “The Clouds” dissolved their partnership, defendant selling out to plaintiff. The written agreement executed by them provides in pertinent part: “I agree not to enter into the off-sale or…