221 A.D. 307 | N.Y. App. Div. | 1927
On July 9, 1921, defendant sold to plaintiff his electrical business, as then conducted by him in Sidney, including all stock, materials and fixtures, at the cost thereof, to be determined by inventory. In addition, he sold and plaintiff purchased the good will of the business for the sum of $500, and defendant, in consideration thereof, agreed “ not to engage in the electrical business or appurtenances thereto, or to be interested directly or indirectly for himself or anyone else in such business in the Village of Sidney.” The price paid was $8,252.92. That included the price of the good will. In 1924 defendant became engaged in the electrical business in the village of Unadilla, about five miles from
The judgment should be modified accordingly and affirmed as so modified.
Cochrane, P. J., Hinman, McCann and Davis, JJ., concur.
Judgment modified to provide that defendant is “ not to engage in the electrical business or appurtenances thereto or to be interested directly or indirectly for himself or anyone else in such business in the village of Sidney,” but that it is not intended to include sales in the said business, or its appurtenances, by defendant at his store in Unadilla to residents of Sidney who come there to trade without solicitation.