Dethlefs v. Tamsen

Citations

• 7 Daly 354

Syllabus

<p>Where a retiring partner, on being paid for the good will of the business, agrees with the remaining partner not to engage in business in opposition to him so near as to take away his customers and inj ure his trade, the agreement only provides for a fair protection to the continuing partner, and is not void as against public policy.</p> <p>Where such is the intent and meaning of an agreement of dissolution and sale of good-will, evidence showing that a new store of the retiring partner, opened by him in the same trade within two doors of the old stand, resembled the latter in outward appearance, is material in determining whether there has been a breach of that agreement, and the amount of damage occasioned thereby.</p> <p>And in such an action the continuing partner, a party to the action, may testify in what amounts his monthly receipts fell off after the opening of the opposition store.</p> <p>Evidence of falling off in the receipts of the injured party, without specific proof of individual instances of loss of custom, is sufficient to warrant a jury in awarding damages.</p>