Kaye

Plaintiff appeals from an adverse judgment in a suit to enjoin defendant from soliciting customers on a cleaning route purchased by plaintiff from defendant and for damages.

Defendant conducts a cleaning and dyeing establishment under the fictitious name of Los Angeles Master Cleaners and Dyers. Prior to December 19, 1952, he owned and used a truck in traveling a route for the pickup and delivery of garments taken to his shop. On December 19, 1952, defendant executed a bill of sale of the truck and the route to plaintiff. The bill of sale stated that for $3,000 defendant sold to plaintiff the truck “and also the business that carries on this route Including all calls pertaining to the route including all goodwill pertaining to the said route for now or in the future.” Defendant furnished plaintiff with a list of the customers on the route. For a period of two weeks thereafter defendant accompanied plaintiff on the route and introduced him to the customers.

On January 2, 1953, defendant signed and delivered to plaintiff a writing which states: “I hereby agree for considerations received to turn over my established route business only, to Sam Kaye. I also agree that I will in no…