Patterson v. Glassmire

Supreme Court of Pennsylvania
Patterson v. Glassmire, 166 Pa. 230 (Pa. 1895)
31 A. 40; 1895 Pa. LEXIS 1182
Dean, Fell, Green, McCollum, Mitchell, Pee, Sterrett, Williams

Patterson v. Glassmire

Opinion of the Court

Pee Curiam,

Each of the first forty-five specifications of error complains of the dismissal of the exception, etc., quoted therein. The first twenty-seven of these exceptions to the learned master's report were filed by William Glassmire, one of the defendants, and the remaining eighteen by the other defendant. The exceptions having been considered and dismissed by' the court, the master’s report was approved and the decree recommended by him was entered. This last act is the subject of complaint in the forty-sixtli specification.

It cannot be doubted that the decree in question is the logical result of the facts found by the master and approved by the court. It is therefore incumbent on the appellants to convict the court below of error in dismissing one or more of their forty-five exceptions to the master’s report. Failing in that, the decree must stand.

It is not our purpose, nor do we think it necessary, to consider the specifications in detail. To do so would consume time without any useful result. Our examination of the record and consideration of the proofs has satisfied us that the master’s findings of fact are sustained by the evidence; that his conclusions drawn from the' facts thus established are correct; and that he committed no-error in not'finding certain alleged facts, referred to in some of the exceptions. It therefore follows that there was no error in' dismissing the exceptions, or in entering *236the decree. The facts on which the latter rests, together with the reasons in support of it, are so fully set forth in the master’s report that further elaboration is unnecessary. In view of the properly established facts and the reasons presented in said report, we think the decree should not be disturbed.

Decree affirmed and appeal dismissed with costs to be paid by the appellants.

Reference

Full Case Name
George R. Patterson, trading as Brauning & Co. v. William Glassmire
Cited By
7 cases
Status
Published
Syllabus
Contract—Restraint of trade—“Hair goods ” business. ■ By' an agreement in writing defendant and wife sold to plaintiffs all the stocks, fixtures, merchandise and good will now owned and conducted” at a certain store “ in the hair goods business and all the branches thereto appertaining.” Defendants further covenanted not to engage in the said business of “hair dealing, or any of the branches thereof, sold as aforesaid, within eight squares of said place of business.” Defendant subsequently opened a hair dressing establishment within two squares of then-former store. There was evidence that, at the time the contract was made, the business of a retail artificial hair store included ladies’ hair dressing and hair cutting. There was also evidence, and the master so. found, that hair dressing was a part of the business of the shop which was sold to plaintiff. The master found that the business was really owned by the husband, and that the wife was merely his agent. Held, that defendants should be restrained by injunction from conducting the business of ladies’ hair dressing in the new shop which they had opened.