Prior v. Diggs

Citations

• 3 Cal. Unrep. 565
• 31 P. 155
• 1892 Cal. LEXIS 1017

Syllabus

<p>Sale of Goodwill—Action for Breach.—Defendant sold to plaintiff the goodwill of his “saddlery, harness, and carriage trimming business,” and agreed not to enter a like business in the same place while plaintiff, or anyone deriving title to the goodwill from him, was engaged in such business. Later he engaged in a general merchandise business in that place, and, among other things, sold horse blankets, buggy robes and dusters, whips, and collar pads. Held, in an action for breach of contract, that evidence showing that such articles did not belong to the saddlery and harness business, but were articles of general merchandise, was admissible to prove there was no breach of contract.</p> <p>Witness—Expression of Opinion.—Where a witness states that he “does not consider” or “does not think,” etc., such expressions are not expressions of opinion, merely, as witnesses are not required to give their testimony with absolute positiveness.</p>