110 Ga. 486 | Ga. | 1900
Johnson brought his action in the superior court of Bibb county, in which he sought to enjoin Bullock “from carrying on the business of a produce dealer in any manner in the county of Bibb prior to the 7th day of March, 1903.” His action was founded upon the following alleged written contract between the parties, which he averred the defendant, without his consent, had repeatedly and continuously violated:
“ State of Georgia, County of Bibb. Memorandum of agreement made and entered into this the 7th day of March, 1898, by and between W. B. Bullock, of the first part, and N. B. Johnson, of the second part, both in the city of Macon, Bibb county, Ga., witnesseth, that the party of the first part hereby agrees to sell to the party of the second part, one (1) mule, one (1) horse, two (2) spring wagons, two (2) sets of single harness and two sets of city peddler’s license for the year 1898, and the good will of his produce business which the said party of the first part is engaged in on Walnut street between First and New streets in the city of Macon, Bibb county, Georgia, for which the party of the first (?) part hereby agrees to pay to the said party of the first part the sum of one hundred and thirty-six dollars ($136.00) upon the signing of this agreement. In further consideration of the purchase of the above-named articles and business from' the party of the first part by the party of the second part, the party of the first part hereby agrees and binds himself not to enter into, or connect himself in any manner whatsoever in the produce business in the county of Bibb for the period of five years from the date of this agreement,, without the consent and knowledge of the party of the second part. In witness whereof, the parties hereto have signed this agreement in duplicate this the day and year first above written. N. B. Johnson, (L.S.).
“ Witness: F. C. Moseley, J. M. Wright, W. B. Bullock. ”
“Macon, Ga., March 7th, 1898. Received of N. B. Johnson $136.00 in full payment of the above named property. $136.00.
W. B. Bullock. ”
Judgment affirmed.