Schultz

This is an appeal from a judgment entered in favor of defendant after an order sustaining a demurrer to plaintiff’s complaint without leave to amend. The demurrer was upon the ground that the complaint did not state facts sufficient to constitute a cause of action.

The complaint discloses that the gist of plaintiff’s cause of action arises out of a state of facts which, succinctly stated, is as follows: That plaintiff and appellant is a corporation engaged in the business of manufacturing window shades, awnings and linoleums in Los Angeles County; that the California Window Shade Company was a corporation located in the same county and engaged prior to the sale thereof to plain■tiff in a similar business as that of plaintiff; that prior to the incorporation of the California Window Shade Company the business in which it was engaged was conducted by the defendant and two other individuals as a copartnership; that the California Window Shade Company sold its business and the goodwill thereof to the plaintiff and appellant and agreed in the contract of sale that it would not engage in the same business in the county of Los ^Angeles as long as defendant was engaged in said…