Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 87

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 87

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: a rule, the purchaser of a business may mark goods made by him in the course of that business with the name of the vendor, although the vendor or his old workmen did not make or assist in making such goods, and by so marking the goods the purchaser would not be con Argument of Counsel. 87 sidered as doing that which was calculated to deceive his customers or the public." IV. The cross-bill was filed to enjoin Rivers from violating his covenant not to resume the furniture business in Baltimore City, as such a covenant is a constituent part or attendant of the good-will, and the appellant having bought Bagby's business and the good will, now has the right to enforce the covenant as his successor. Guerand v. Dandelet, 32 Md. 561. "The benefit of such an agreement, since it adds value to tlze good-will of the business, passes on an assignment either of the good-will or of the beneficial interest in the business; and tlze agreement may be crgfonrd by tlze assignve, although assigns are not expressly mentioned in the agreement." jacobi v. Wlzitmore, 39 Law Times Rep. N. S. 335; Pal/nerv. Toms, 71 N. Western Rep. 654-5 (1897). See also Diamond Matelz Company v. Rocents-ber, 106 N. Y. 473, 487, where the defendant 'sold his business, good will, etc., to the Swift, Courtney & Beecher Company and covenanted not to re-engage in the same business. The an'engzntee's asszlgrwe brought suit to enforce the covenant. The Court say, page 487: "The plaintiff, as successor of the Swift, Courtney & Beecher Company and as assignee of the covenant, can maintain the action. The covenant was in the nature of a property-right and was assignable, at least it was assignable in connection with a sale of the property anshow more

Product details

  • Paperback | 300 pages
  • 189 x 246 x 16mm | 540g
  • United States
  • English
  • black & white illustrations
  • 1236860519
  • 9781236860514