Goodman

Action for damages resulting from a breach of contract. Judgment went for plaintiff and defendant prosecutes this appeal upon the judgment-roll.

As appears from the findings, defendant, who was conduct-a hotel and lodging house in the town of Los Alamos, sold the same together with the good will thereof, to plaintiff and at the same time, in consideration of the purchase by plaintiff, agreed that he would not engage in a like business in said town so long as plaintiff conducted a hotel therein. Notwithstanding this agreement, defendant did, on May 1, 1910, while plaintiff was engaged in said business, violate his agreement by engaging in the hotel business in Los Alamos, as a result of which plaintiff was damaged in the sum of $1,319. In addition to these ultimate facts, which clearly support the judg ment, the court made- a further finding as follows: “That prior to the opening of the said hotel by the defendant on May 1, 1910, the plaintiff was making and made a net profit of $242 a month from the hotel and lodging house business so conducted by him in said town of Los Alamos; that since the 1st day of May, 1910, and by reason of the wrongful acts of defendant, the plaintiff’s…