Legal Opinion

Ropes v. Upton

Massachusetts Supreme Judicial Court

Decided August 30, 1878PublishedCited by 36 opinions

Bill in equity, filed October 1, 1877, to restrain the defendant from violating the following agreement, dated August 3, 1876, and signed and sealed by him : “ This may certify that I, Franklin Upton, of the town of Danvers, in consideration of the sum of $500 to me paid by Joseph W. Ropes, hereby agree to sell and relinquish all my interest and good-will in the business now conducted by Ropes & Upton, together with all debts now due them; and I hereby agree not to…

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Bill in equity, filed October 1, 1877, to restrain the defendant from violating the following agreement, dated August 3, 1876, and signed and sealed by him : “ This may certify that I, Franklin Upton, of the town of Danvers, in consideration of the sum of $500 to me paid by Joseph W. Ropes, hereby agree to sell and relinquish all my interest and good-will in the business now conducted by Ropes & Upton, together with all debts now due them; and I hereby agree not to manufacture or sell or become engaged in said business, either for myself or others, hereafter in the town of Danvers, under the…

1Opinion of the CourtEndicott, J.

When a party has sold to another all his interest and good-will in a particular business, and has agreed not to carry on the same business in the same place, a court of equity will prevent him by injunction from violating the express agreement he has made. Angier v. Webber, 14 Allen, 211. Dwight v. Hamilton, 113 Mass. 175. Boutelle v. Smith, 116 Mass. 111. Whether this case falls within the general rule is the question to be decided.

The parties were partners, engaged in the manufacture and sale of stoves and tin ware in Danvers. They dissolved their partnership by mutual consent. The…

2Cases cited2 opinions

  1. Dwight v. HamiltonMassachusetts Supreme Judicial Court · 1873
  2. Boutelle v. SmithMassachusetts Supreme Judicial Court · 1874

3Cited by36 opinions

  1. Wirth & Hamid Fair Booking, Inc. v. WirthNew York Court of Appeals · 1934
  2. Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
  3. Edgecomb v. EdmonstonMassachusetts Supreme Judicial Court · 1926
  4. Rigs v. SokolMassachusetts Supreme Judicial Court · 1945
  5. Menter Co. v. BrockSupreme Court of Minnesota · 1920

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