Meyer v. Labau

Citations

• 51 La. Ann. 1726
• 26 So. 463
• 1899 La. LEXIS 616

Syllabus

<p>Syllabus.</p> <p>1. Defendants sold to plaintiff a store site in a country neighborhood, together with the good-will of the mercantile business they had been conducting, and obligated themselves not to engage in similar business there for a period of three years. Later, within the prohibited period, a store was opened across the road and distant from plaintiff’s store one hundred feed, carrying same kind of stock plaintiff carried, with defendants behind the counters, making sales and attending to the affairs of the concern — one of them having the principal direction of the business. Held — a breach of the contract, notwithstanding the second store may have been conducted in the name of another.</p> <p>2. The transfer of the good-will, and stipulation not to engage in competing business, is considered to have meant not only tile extending of the goodwill to plaintiff, but maintaining him' in > it for the space of time agreed upon, and this good-will was withdrawn when defendants toolc part In conducting the uval store.</p>