Prior

The plaintiff commenced this action on November 24, 1888, to recover damages in the sum of $2,000 for the alleged breach of a written contract, which reads as follows:

By his answer the defendant denied all the averments of the complaint, and set up numerous defenses. The case was tried before a jury, and the verdict and judgment were in favor of the defendant. The plaintiff moved for a new trial, which was denied, and has appealed from the judgment and order. The Civil Code provides that “the goodwill of -a business is the expectation of continued public patronage” (section 992), and that “the goodwill of a business is property, transferable like any other” (section 993). It also provides that “every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind is to that extent void” (section 1673), except that “one who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein” (section 1674). Here the goodwill sold was only…