Reports of Cases Argued and Determined in the Superior Court of the City of New York Volume 39 download PDF, EPUB, Kindle
Reports of Cases Argued and Determined in the Superior Court of the City of New York Volume 39 download PDF, EPUB, Kindle

Reports of Cases Argued and Determined in the Superior Court of the City of New York Volume 39 by New York Superior Court

Reports of Cases Argued and Determined in the Superior Court of the City of New York Volume 39
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Author: New York Superior Court
Page Count: 188 pages
Published Date: 22 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781236448859
Download Link: Reports of Cases Argued and Determined in the Superior Court of the City of New York Volume 39
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 Excerpt: ...in favor of defendants, and from an order denying plaintiff's motion for a new trial upon the minutes. This action is to recover five thousand dollars liquidated damages for breach of covenant. The defendant George M. Hoffman by bill of sale, dated May 1, 1871, for three thousand five hundred dollars, sold to plaintiff the good-will of the butcher, and fish, and vegetable, and provision business, carried on by him at 228 Third Avenue, New York City, and also leases of the premises and utensils there. And both the defendants, in consideration thereof and for one dollar, by virtue of a separate instrument dated May 1,1871, covenanted that they would not, either jointly or severally, as agent or principal, engage in or carry on any similar or competitive retail butcher, and fish, and provision business for five years in certain limits in said city, under five thousand dollars liquidated damages, and Mrs. Hoffman bound her own estate to pay that sum in case of her own default. The plaintiffs then entered upon the premises and conducted the business. It was the purpose of the vendor to go to Germany. He went to Europe, and returned in the fall. In June, 1872, he opened business as a retail dealer in "butcher's meat, vegetables, and provisions," at a store No. 805 Sixth avenue, beyond the specified limits. Daring the period limited by the agreement, the defendants, in a few instances, sold and delivered meat to three or four of his old customers, within the restricted limits. When the meat was sent, the carrier would bring back a new order which would be supplied. The defendants testified, that these persons apStatement of the Case. Statement of the Case. plied to them for meats, without any solicitation or procurement on their part. It appeared that th...

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