Pittsburg Stove & Range Co. v. Pennsylvania Stove Co.

Citations

• 208 Pa. 37
• 57 A. 77
• 1904 Pa. LEXIS 695

Syllabus

<p>Contract — Agreement in restraint of trade — Consideration.</p> <p>A contract in partial restraint of trade must, like any other contract, have a consideration to support it. A valuable consideration, however, is sufficient. The law does not impose upon a party seeking to enforce such contract the duty of showing that the consideration is adequate in point of actual value. If the consideration is stock of a corporation, valuable at the time, the fact that the stock subsequently depreciated in value is immaterial. '</p> <p>Contract — Agreement in restraint of trade — Breach of agreement — Engaging in similar business.</p> <p>Where a person in selling out his business to another agrees for a period of five years not to engage in a similar business in three states named, but subsequently becomes the president of a corporation engaged in a similar business, and in that capacity assists in manufacturing and selling the products of the corporation, he may be enjoined from continuing such occupation at the instance of the person to whom he sold his former business. The purpose of the contract between the parties was to protect the vendee against the capital as well as the skill and experience of the vendor in a competing business.</p> <p>Equity — Equity practice — Findings of fact and conclusions of law.</p> <p>While a judge in an equity case is required to answer specifically requests for findings of both fact and law, he should also find and state in connected and paragraphic form by separate and numbered clauses his findings of fact and conclusions of law.</p>