Loutzenhiser v. Peck

Citations

• 89 Wash. 435
• 154 P. 814
• 1916 Wash. LEXIS 717

Syllabus

<p>Contracts — Validity—Legality op Object — Restraint of Trade —Time. A covenant in a bill of sale not to engage in the retail meat business within a limited, locality, for not less than two years, is an agreement not to engage in such business for two years after the date of the contract; and hence is not invalid as being without limitation as to time.</p> <p>Husband and Wife — Contracts op Husband — Separate Estate— Breach — Effect on Community- — Consideration—Injunction—Wife When Bound. Upon the sale by a husband of his separate business, a covenant not to engage in the same business in a limited locality for a limited time is binding upon the community, and precludes, him from making a gift to his wife of his separate estate and setting her up in such business; the fact that he was supporting the community from the business sold constituting a sufficient consideration to the community, so that the community, himself, and his wife could be enjoined from entering upon the same business with the husband’s separate funds.</p> <p>Injunction — Actions—Relief—Damages—Pleading—Complaint —Sufficiency. In an action for an injunction, the objection that the amount of damages was not stated in the complaint as required by Rem. & Bal. Code, § 258, cannot be urged at the trial, in the absence of demurrer or motion, where the complaint alleged the facts from which the damages flowed and that the same could not be estimated, and prayed that they be determined and for general relief.</p> <p>Damages — Breach op Contract — Contracts — Certainty — Evidence — Sufficiency. A loss of profits in a retail meat business in a suburban district is shown with sufficient certainty by evidence that, after defendant opened his shop in the same locality contrary to his covenant, he took in twenty to twenty-five dollars a day, the plaintiffs business fell off to about the same extent, and that the profits in the business generally amount to from twenty to twenty-five per cent of the gross sale