Garrison v. Nute

Citations

• 87 Ill. 215

Syllabus

<p>1. Contract—sale of drug preparation, construed. Where two persons entered into partnership for the manufacture and sale of a drug known as “Dr. Nute’s Liquid Extract CEnothera,” and, after a short time, one party sold out to the other all his interest and right in the copyrighted labels for such extract, and all printed labels, glassware and boxes, and all the crude herb for the preparation on hand, and covenanted, for the consideration of $200, not to engage in the manufacture or sale of “ said liquid extract CEnothera,” it was held, that the covenant did not prohibit the covenantor from making and selling any other preparation from the same herb, made in a different manner and possessing different qualities, and which all druggists had the right to make and sell, and that the words “ said liquid extract,” referred to the preparation known as Dr. Nute’s.</p> <p>2. Same—construction by the parties. In case of doubt as to the proper construction to be put upon a contract, the acts of the parties, showing how they understood the same, will be taken into consideration by the court, as showing what the parties really meant.</p>