Spieker

Action begun October 4, 1892, to enjoin the violation of a contract, and to recover damages for *151 the fraudulent breach thereof. The following facts, among others, were alleged by plaintiff and found by the court below: Defendant owned a liquid compound known as “ Eobert’s Kidney and Liver Bitters” and the formula for the manufacture thereof, and the goodwill of the business of making and vending the same; on January 7, 1884, while engaged in such business at the county of Sacramento, and having then a large sale of such hitters in said county and throughout this state, the defendant made a bill of sale to one Lee, by the terms of which he sold and transferred to Lee all right, title, and goodwill of the said bitters theretofore manufactured by him; also the recipe for manufacturing the same; and all labels, printing matter, boxes, etc., pertaining tó the manufacture thereof. The instrument concluded as follows: “And I furthermore agree not to manufacture or sell any of said Robert’s Kidney and Liver Bitters in this county. J. J. Spieker.” Said Lee was the agent of plaintiff in this transaction, and on the following day, January 8, 1884, he assigned to plaintiff the property…