Salinger v. Salinger
Supreme Court of New Hampshire
Assumpsit, to recover for breach of a contract in writing not to engage in the dry-goods business in Rochester for the term of five years from April 1, 1890. Facts found by the court. September 10, 1892, the defendant went into the dry-goods business in Rochester in violation of his agreement, immediately engaging in a bitter competition with the plaintiffs, cutting prices,, and advertising his opposition to them very extensively, and has. ever since continued so to do.
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Assumpsit, to recover for breach of a contract in writing not to engage in the dry-goods business in Rochester for the term of five years from April 1, 1890. Facts found by the court. September 10, 1892, the defendant went into the dry-goods business in Rochester in violation of his agreement, immediately engaging in a bitter competition with the plaintiffs, cutting prices,, and advertising his opposition to them very extensively, and has. ever since continued so to do. The writ is dated August 3, 1897. The defendant was defaulted, and the case sent to a referee; for the assessment of…
1Opinion of the Court
"Wallace, J.
Under the contract, the plaintiffs were entitled to two things: (1) To have the profits upon such sales as they could make during the term of the contract, without meeting competition by the defendant; (2) to the value of such business as should thus have been established at the termination of the contract. If they have been deprived of any part of either right by the defendant’s violation of his agreement, they are to be fully compensated therefor.
The facts show a willful and malicious breach of contract, and the case is one where “ the law will not nicely attempt to limit the…
2Cases cited2 opinions
- Hurd v. DunsmoreSupreme Court of New Hampshire · 1884
- Crawford v. ParsonsSupreme Court of New Hampshire · 1885
3Cited by11 opinions
- Hydraform Products Corp. v. American Steel & Aluminum Corp.Supreme Court of New Hampshire · 1985
- Technical Aid Corp. v. AllenSupreme Court of New Hampshire · 1991
- Gallagher v. VogelNebraska Supreme Court · 1953
- Fitz v. CoutinhoSupreme Court of New Hampshire · 1993
- Merager v. TurnbullWashington Supreme Court · 1940
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