Gallup Electric Light Co. v. Pacific Improvement Co.

Citations

• 16 N.M. 86

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. A contract, which is- the mere accompaniment of the sale of property, and entered into for the purpose of enhancing the price at which the vendor sells it, and which is collateral to the sale, and where the main purpose of the contract is the sale of the property, does not come within the inhibition of the Act of Congress, of July 2, 1890, even though the contract restrains trade to some extent.</p> <p>2. A contract not to engage in business is a personal contract, and can only bind the parties to it.</p> <p>3. Under a contract not to engage in business in competition with the purchaser of property, the party bound is not precluded from loaning money to others, even though they may use it to embark in business in competition with the purchaser.</p> <p>4. Parties not signing the contract can not be enjoined from engaging in their own behalf in business in connection with party bound, in competititon with purchaser or his assignee.</p> <p>5. Where evidence is taken by an examiner, who does not report findings of fact -to the court, the same will he reviewed on appeal.</p> <p>6. It is. error to enter judgment for damages against parties not bound by the contract, even though the parties may have aided and abetted the contracting party in violating the contract.</p>