Gompers v. Rochester
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county: No. 57, to October and November Term 1867. On the 22d of May 1865, Charles Gompers, James G. Mc-Quaide and E. M. Kinter, for the use of James G. McQua.ide and Charles Gompers, brought an action of covenant against John C. Rochester.
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Error to the Court of Common Pleas of Indiana county: No. 57, to October and November Term 1867. On the 22d of May 1865, Charles Gompers, James G. Mc-Quaide and E. M. Kinter, for the use of James G. McQua.ide and Charles Gompers, brought an action of covenant against John C. Rochester. The covenant on which the breaches were assigned was in an agreement dated July 18th 1863, by which Rochester agreed to sell to Gompers, McQuaide and Kinter, for $2500, his lot and storehouse in Marion, Indiana county, and also all his stock of goods in the store. The covenant on which the suit is brought is as…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Thompson, C. J.
In the view we take of this case, the question whether the sum mentioned in the covenant, whereby the defendant Rochester bound himself not to engage in the business of merchandising in the town of Marion, or within a boundary of ten miles thereof, for a period of five years, is to be regarded as liquidated damages or as a penalty, is an abstraction, and not necessary to be determined in order to decide this case.
On the 18th of July 1863, the plaintiffs bought out the defendant’s store of goods and the buildings and…
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