Canady v. Knox

Citations

• 48 Wash. 685
• 94 P. 652
• 1908 Wash. LEXIS 945

Syllabus

<p>Contracts — Construction—Restriction on Occupation — -Breach of Conditions. A contract for the sale of a butchering business, which stipulated that the vendor will not enter into such business in the town of A for a period of three years, nor kill any animal except for his private use, is violated where the vendor helped to kill animals for sale in such town and drove a delivery wagon for a rival concern within the stipulated period and territory.</p> <p>Appeal — Decision—-Law of Case. A decision of the supreme court on a former appeal that the sum of $2,000, stipulated to be paid on the violation of a contract not to enter into the butchering business, was stipulated damages and not a penalty, becomes the law of the case on a retrial, and fixes the damages upon a breach of the contract being shown.</p>