Hall's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Philadelphia: In Equity: No. 325, to January Term 1868. In the court below this was a bill by John O. Rulon against John M. Hall, averring that for the consideration of $3000 paid by the plaintiff, the defendant, on the 23d of November 1863, sold to the plaintiff the stock and good-will of an undertaking establishment, No. 1313 Yine street, Philadelphia, and agreed to retire from the business, and not go into it again in…
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Appeal from the decree of the Court of Common Pleas of Philadelphia: In Equity: No. 325, to January Term 1868. In the court below this was a bill by John O. Rulon against John M. Hall, averring that for the consideration of $3000 paid by the plaintiff, the defendant, on the 23d of November 1863, sold to the plaintiff the stock and good-will of an undertaking establishment, No. 1313 Yine street, Philadelphia, and agreed to retire from the business, and not go into it again in Philadelphia; that the stock was not worth more than $1500, and the remaining $1500 was paid for the good-will; that…
1Opinion of the Court
The opinion of the court was delivered,
by
Williams, J.
We have no doubt of the validity of such a contract, as is alleged in the bill, if founded on a sufficient consideration, or of the power of the court to restrain its breach by injunction. Our doubt in this case arises from the insufficiency of the proof to establish the existence of the alleged agreement. It cannot be inferred from the sale of the good-will of the business, and it is expressly denied in the answer. The sealed agreement between the parties, given in evidence by the plaintiff, contains no stipulation or covenant on the part…
2Cited by13 opinions
- Cleaver v. LenhartSupreme Court of Pennsylvania · 1897
- Collas v. BrownSupreme Court of Alabama · 1924
- White v. TrowbridgeSupreme Court of Pennsylvania · 1906
- Locke v. MurdochNew Mexico Supreme Court · 1915
- Foxworth-Galbraith Lumber Co. v. TurnerTexas Supreme Court · 1932
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