Seymour

On and prior to February 18, 1928, appellants were the owners of and were conducting a paint and varnish business, with their factory and principal place of business in the city of Los Angeles. On that date they sold to respondent’s assignor, the California Paint Company, this business, including its goodwill. As part of the sale, appellants executed and delivered their written agreement, hereafter fully set forth, agreeing not to engage in such business for a period of five years. Subsequently the California Paint Company assigned all of its rights to respondent. From and after the above date the California Paint Company and respondent, as successor in interest, continued to operate and are still operating the business so purchased. For a year after the sale, appellants, as employees of the purchaser, assisted in the management and operation of the business. Then they left such employment, established their own business of the same kind, and continued therein until trial. After trial the court enjoined appellants from engaging in such business and awarded respondent damages. Appellants question the validity of the agreement as support to the injunction, and the award of…