Meyers

Plaintiffs averred tbat tbey are copartners engaged in tbe business of box manufacturing. In October, 1895, the then existing firm of Meyers, Merillion & Co. was engaged in tbe same business. Tbe latter firm consisted of tbe plaintiff Meyers and tbe defendant Merillion. By agreement of tbe partners this firm was dissolved, Meyers buying Merillion’s interest in the property and in tbe goodwill of tbe business under a written agreement in part as follows: “And in consideration of tbe payment to me of the foregoing sum, and as part of tbe consideration for such payment, I do hereby agree with the party of the second part tbat I will not establish, carry on, conduct, or maintain a box business in tbe city and county of San Francisco, California, or act as agent, for the period of three years from and after tbe date of these presents.”

Thereafter plaintiffs entered into partnership and became and are tbe successors in interest in the business and goodwill of'the firm of Meyers, Merillion & Co. Notwithstanding bis agreement, defendant is engaged in erecting a box factory in tbe city of San Francisco, and, unless restrained, will engage in tbe business of manufacturing and selling…