Jones

On June 6, 1887, appellant was engaged in the business of cleaning and renovating carpets at a *509 designated place on Eighth street in the city of San Francisco, and on that day sold his buildings, machinery, and all appliances, and the goodwill of said business to one Eeamer.

In the contract of sale the following covenant was inserted:

The property and goodwill so purchased was after-wards sold by Eeamer to the plaintiff, a corporation.

The breach of this contract complained of is that appellant afterwards engaged in carrying on said business in said city of San Francisco, on the same street, opposite plaintiff's said place of business.

Plaintiff, on the trial, waived damages, on account of the insolvency of the defendant, and obtained a decree enjoining the defendant from prosecuting or carrying on said business until the expiration of the time limited in the contract.

The demurrer to the complaint was properly overruled. The ground of demurrer was that two causes of action were united, and were not separately stated; one for breach of warranty that defendant would not injure plaintiff's business, and one for a breach of his contract not to carry on the business. I do not…