Johnston

Action to enjoin defendant from conducting the business of distributing advertising matter in the county of Los Angeles in violation of the terms of an agreement whereby he covenanted that he would not do so.

Judgment went for plaintiff, from which, and an order denying defendant’s motion for a new trial, he prosecutes this appeal.

Defendant and one West were copartners in the city of Los Angeles, and under the firm name and style of Los Angeles Distributing Company conducted the business of distributing advertising matter for advertisers in the county of Los Angeles. On March 27, 1909, they sold said business, together with the goodwill thereof, to one W. W. Lee, and at the same time entered into a contract and agreement which contained a provision as follows: “It is further agreed that said parties of the first part (Blanchard and West) will npt enter into a similar business such as the one contracted to;be sold under this agreement, in any of the cities or territories above mentioned, for a period of thirty (30) years from the date of these presents, and on violation of this provision it is agreed by and between the parties of the first part and the party of the second part…