Auslyn, Inc. v. Rousseau

Prior to August 6, 1945, the defendants, husband and wife, conducted a restaurant at which liquor was sold on Wareham Street in Marion. On that date the defendants, for $21,000, sold to the plaintiff corporation their real estate and personal property at that location, together with the good will of the business.

There was evidence that afterwards the defendants asked the plaintiff to buy land owned by them across the street from the restaurant. When the plaintiff declined to buy it, the defendants moved a building onto it, with the intention of serving lunches there, and applied for a liquor…