Sarkisian v. Teele
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 4, 1908, to enforce the specific performance of an alleged agreement, partially reduced to writing but not signed by either party, by which the defendant agreed to sell to the plaintiff the-stock in trade, fixtures and good will of the defendant in the business of manufacturing and selling upholstery supplies consisting chiefly of brass goods, carried on by the defendant in the city of New York.
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Bill in equity, filed in the Superior Court on September 4, 1908, to enforce the specific performance of an alleged agreement, partially reduced to writing but not signed by either party, by which the defendant agreed to sell to the plaintiff the-stock in trade, fixtures and good will of the defendant in the business of manufacturing and selling upholstery supplies consisting chiefly of brass goods, carried on by the defendant in the city of New York. In the Superior Court the case came on to be heard by Wait, J., and the plaintiff made the offer of proof which is printed below. The defendant…
1Opinion of the CourtBraley, J.
In a suit for specific performance, before relief can be granted, the plaintiff must prove the existence of a contract which can be enforced. It apparently was understood that the defendant was to sell to the plaintiff a going business enterprise, including full possession of the premises where it was conducted, and thereafter, within certain prescribed areas, neither for a term of years was to solicit trade in the territory of the other. The parties having discussed the subject and agreed upon details, it is stated in the report that the writing which had been prepared embodied the proposed…
2Cases cited13 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Adams v. MessingerMassachusetts Supreme Judicial Court · 1888
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Potter v. JacobsMassachusetts Supreme Judicial Court · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Cottrell v. NurnbergerWest Virginia Supreme Court · 1948
- Williams v. CartyMassachusetts Supreme Judicial Court · 1910
- Curran v. MageeMassachusetts Supreme Judicial Court · 1923
- Union Car Advertising Co. v. Boston Elevated Ry. Co.Court of Appeals for the First Circuit · 1928
9 more not listed; retrieve them via the Exa API.