Hughes v. Ireland

Citations

• 74 Pa. Super. 518
• 1920 Pa. Super. LEXIS 187

Syllabus

<p>Contracts — Agreement not to engage in business — Violation—■ Equity — Accounting.</p> <p>Where, upon the sale of a business, the vendors agree not to engage in such business in the said territory for a period of five years, and afterwards violate the agreement, an injunction will be granted, restraining the vendor from continuing to engage in such business.</p> <p>In such case, the court may appoint a master to take testimony and report as to the nature and extent of the damage the plaintiff suffered by reason of the illegal acts of the defendant. Such an appointment does not violate Equity Rule 60 discontinuing the office of Master in Chancery, inasmuch as it is within the exception which provides that a master may be appointed “in proceedings where decrees or interlocutory orders are to be executed, or their execution supervised by an officer of the court.</p> <p>Equity — A ccounting — Pecuniary damages — Evidence.</p> <p>Where actual pecuniary damages are sought, there must be evidence of their existence and extent, and some data from which they may be computed. No substantial recovery may be based on mere guess work or inference; without evidence of facts, circumstances and calculations, justifying an inference that the damages awarded are just and reasonable compensation for the injury suffered. If the plaintiff fails to furnish sufficient data to estimate the actual damages sustained by the purchaser of the good will of a business, by reason of the acts of the seller, his recovery must be restricted to nominal damages.</p>