Patterson v. Glassmire

Citations

• 166 Pa. 230
• 31 A. 40
• 1895 Pa. LEXIS 1182

Syllabus

<p>Contract—Restraint of trade—“Hair goods ” business.</p> <p>■ By' an agreement in writing defendant and wife sold to plaintiffs all the stocks, fixtures, merchandise and good will now owned and conducted” at a certain store “ in the hair goods business and all the branches thereto appertaining.” Defendants further covenanted not to engage in the said business of “hair dealing, or any of the branches thereof, sold as aforesaid, within eight squares of said place of business.” Defendant subsequently opened a hair dressing establishment within two squares of then-former store. There was evidence that, at the time the contract was made, the business of a retail artificial hair store included ladies’ hair dressing and hair cutting. There was also evidence, and the master so. found, that hair dressing was a part of the business of the shop which was sold to plaintiff. The master found that the business was really owned by the husband, and that the wife was merely his agent. Held, that defendants should be restrained by injunction from conducting the business of ladies’ hair dressing in the new shop which they had opened.</p>