MacMartin v. Stevens

Citations

• 37 Wash. 616
• 79 P. 1099
• 1905 Wash. LEXIS 780

Syllabus

<p>Sales — Good Will — Engaging in Opposition Business — Soliciting Former Customers — Contracts. Where plaintiff’s co-partners in a laundry business sold out to him their interests by bill of sale in the usual form, which contained no provisions respecting good will, and no contract to forbear to prosecute the same business, or to solicit patronage, the vendors cannot be enjoined from entering into an opposition business and soliciting the old customers to deal with them, since the rights of the parties are fixed by the terms of the contract.</p> <p>Same — Pleading—Complaint — Demurrer — Facts Not Well Pleaded. In an action on a contract of sale of a laundry business, an allegation in the complaint that the good will of the business was the chief consideration, is a mere conclusion of law, in view of the express terms of the contract containing no such provision, and is not admitted by a demurrer.</p>