Hutchason

This is an appeal by the defendant from an order denying his motion for a new trial. It is somewhat difficult to determine from the complaint the nature of the action. It appears, however, that the cause of action originated in the lease or contract of date April 13, 1901, set out in the .complaint, and in the subsequent conduct of the defendant. This contract purports to be a lease of the " dental office and business” of the defendant in the city of Los Angeles, and there is contained in it, among other provisions, an agreement by the defendant that he “will not, during the term thereof, open or conduct any dental office in the city of Los Angeles, or engage directly or indirectly in the practice of dentistry in said city”; and we construe the contract, also, as being in effect a transfer of the goodwill of the business. (Civ. Code, sec. 992.) It is further alleged that the defendant, as an inducement for plaintiff to enter into the contract, represented to them that he was receiving from the business the sum of $1,800 per month, and that this representation was untrue, the business being worth not to exceed $250 per month; and that the plaintiffs, relying upon these…