King

This is an appeal from an order confirming a receiver’s sale of the business and good will of the appellant corporation, Thomas Day Company. The appellant complained of that portion of the order, which permits the Roberts Manufacturing Company, the purchaser of the business and good will, “to hold itself out as the successor of Thomas Day Company and as having acquired the good will thereof.” The action in which! the receiver was appointed and in which he made the sale was instituted by creditors of the Thomas Day Company by reason of the financial difficulties in which it was involved, and no objection thereto was interposed by the Thomas Day Company. The jurisdiction of the receiver to sell the good will of the Thomas Day Company is conceded. One of the usual methods by which a purchaser protects himself in the enjoyment of the good will is by exacting an agreement from the seller to refrain from engaging in a similar business in the locality. Here, however, the sale was involuntary, the corporation retained its corporate name, and it is difficult to see how the purchaser could be protected in the purchase of the good will in any better or more effective method than by…