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Rosenbaum Brothers v. Nowak Milling

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eBook details

  • Title: Rosenbaum Brothers v. Nowak Milling
  • Author : Supreme Court Of Indiana
  • Release Date : January 07, 1943
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

The complaint alleges that the parties entered into a certain contract, which is exhibited, by the terms of which the plaintiff purchased a large part of the defendants milling business, merchandise on hand, and certain trade-marks, for a consideration consisting of cash and certain royalties. Clause 15 of the contract provides that should the party of the first part (the defendant) "engage in the business of manufacturing and selling feeds in competition with the party of the second part during any of the first three years following the taking of the joint inventory, then the party of the second part shall not be obliged to pay any further royalties. . ." Clause 17 provides: "It is further agreed that, in consideration of the sale and purchase herein, and the agreement to pay royalties for the use of trade names and trade marks of the party of the first part by the party of the second part, the party of the first part will not engage in a competitive business with the party of the second part any time within the period of one year from the date of the joint inventory, at any place within 250 miles from Hammond, Indiana; provided further, that should at any time within a period of three years from the taking of the joint inventory, the party of the first part, or any of the officers thereof, engage in any competitive business with the party of


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