Ericson v. Jayette

CourtUnited States State Supreme Court of Florida
Citation5 So.2d 453,149 Fla. 82
Decision Date16 December 1941
PartiesERICSON et al. v. JAYETTE et ux.

5 So.2d 453

149 Fla. 82

ERICSON et al.
v.
JAYETTE et ux.

Florida Supreme Court

December 16, 1941


Rehearing Denied Jan. 27, 1942.

Appeal from Circuit Court, Dade County; Richard H. Hunt, judge.

McKay, Dixon & Dejarnette, of Miami, for appellants.

Eldon L. Boyce, of Miami, for appellees.

PER CURIAM.

On January 13, 1939, Nels Ericson and wife, Esther Ericson, executed a bill of sale to Ray A. Jayette and wife, Hazel M. Jayette, thereby conveying a restaurant business commonly known as 'The Cottage Inn', [149 Fla. 83] situated at 1455 Biscayne Boulevard in Miami, Florida, for the sum of $10,000. The Ericsons, by a term of the bill of sale, covenanted not to engage in the restaurant business in Dade County, Florida, for a period of ten years thereafter.

The restrictive covenant is viz:

'And in further consideration of the premises, and of the payment by the said parties of the second part, of the consideration hereinbefore expressed and for the purposes of enabling said parties of the second part, their personal representatives and assigns to acquire and enter upon, manage, conduct, and carry on the aforesaid business of the said Nels Ericson and Esther Ericson, his wife, the said parties of the first part for themselves, their personal representatives and assigns, covenanted, granted, promised and agreed, and do by these presents covenant, grant, promise and agree to and with the said parties of the second part, their personal representatives and assigns, that from and after the execution of this Agreement, they (the parties of the first part) nor either of them will not at any time for the period of ten (10) years from and after the date hereof, either alone or jointly with, or as agent for or employee of any person or persons, firms or corporations, excepting only as agent for or employee of the said parties of the second part hereunto, their personal representatives and assigns, and either directly or indirectly set up, exercise, conduct, or be engaged, employed or interested in or carry on in the County of Dade and State of Florida, any occupation, interests or privileges similar to or of the same nature with the business, occupation, interests, or privileges so heretofore exercised, conducted and carried on by the [149 Fla. 84] said Nels Ericson and Esther Ericson, his wife, and so hereby sold and assigned, transferred and set over to said parties of the second part, nor set up, make, carry on or encourage, or be...

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7 practice notes
  • Janet Realty Corp. v. Hoffman's, Inc.
    • United States
    • United States State Supreme Court of Florida
    • 23 Diciembre 1943
    ...agreement. See Massari v. Salciccia, 102 Fla. 847, 136 So. 552; Love v. Miami Laundry Co., 118 Fla. 137, 160 So. 32; Ericson v. Jayette, 149 Fla. 82, 5 So.2d 453; Wilson v. Pigue, 151 Fla. 734, 10 So.2d 561. The facts in the case at bar can or may be distinguished from similar cases conside......
  • Vendo Co. v. Stoner, Gen. No. 68--1
    • United States
    • United States Appellate Court of Illinois
    • 30 Enero 1969
    ...competitor is likewise not tantamount to engaging in competition (Wineteer v. Kite, 397 S.W.2d 752, 759 (Mo.App.1965); Ericson v. Jayette, 149 Fla. 82, 5 So.2d 453, 454 (1942)), and that both lending And leasing is not a violation of such a covenant (McKeighan Wachter Co. v. Swanson, 138 Wa......
  • Midlands Transp. Co. v. Apple Lines, Inc., No. 38223
    • United States
    • Supreme Court of Nebraska
    • 12 Mayo 1972
    ...In accord with the authority and the reasoning of the Wineteer case, see Adams v. Adams, 156 Neb. 778, 58 N.W.2d 172; Ericson v. Jayette, 149 Fla. 82, 5 So.2d 453; McKeighan Wachter Co. v. Swanson, 138 Wash. 682, 245 P. 10, affirmed on rehearing, 141 Wash. 694, 250 P. 353; Houston Transfer ......
  • Dowd v. Bryce
    • United States
    • California Court of Appeals
    • 19 Enero 1950
    ...352, 357, 50 P. 662;Carr v. King, 24 Cal.App. 713, 142 P. 131; Test Oil Co. v. La Tourette, 19 Okl. 214, 91 P. 1025; Ericson v. Jayette, 149 Fla. 82, 5 So.2d 453;California Linoleum & Shades Supplies, Inc., v. Schultz, 105 Cal.App. 471, 287 P. 980; McKeighan Wachter Co. v. Swanson, 138 Wash......
  • Request a trial to view additional results
7 cases
  • Janet Realty Corp. v. Hoffman's, Inc.
    • United States
    • United States State Supreme Court of Florida
    • 23 Diciembre 1943
    ...agreement. See Massari v. Salciccia, 102 Fla. 847, 136 So. 552; Love v. Miami Laundry Co., 118 Fla. 137, 160 So. 32; Ericson v. Jayette, 149 Fla. 82, 5 So.2d 453; Wilson v. Pigue, 151 Fla. 734, 10 So.2d 561. The facts in the case at bar can or may be distinguished from similar cases conside......
  • Vendo Co. v. Stoner, Gen. No. 68--1
    • United States
    • United States Appellate Court of Illinois
    • 30 Enero 1969
    ...competitor is likewise not tantamount to engaging in competition (Wineteer v. Kite, 397 S.W.2d 752, 759 (Mo.App.1965); Ericson v. Jayette, 149 Fla. 82, 5 So.2d 453, 454 (1942)), and that both lending And leasing is not a violation of such a covenant (McKeighan Wachter Co. v. Swanson, 138 Wa......
  • Midlands Transp. Co. v. Apple Lines, Inc., No. 38223
    • United States
    • Supreme Court of Nebraska
    • 12 Mayo 1972
    ...In accord with the authority and the reasoning of the Wineteer case, see Adams v. Adams, 156 Neb. 778, 58 N.W.2d 172; Ericson v. Jayette, 149 Fla. 82, 5 So.2d 453; McKeighan Wachter Co. v. Swanson, 138 Wash. 682, 245 P. 10, affirmed on rehearing, 141 Wash. 694, 250 P. 353; Houston Transfer ......
  • Dowd v. Bryce
    • United States
    • California Court of Appeals
    • 19 Enero 1950
    ...352, 357, 50 P. 662;Carr v. King, 24 Cal.App. 713, 142 P. 131; Test Oil Co. v. La Tourette, 19 Okl. 214, 91 P. 1025; Ericson v. Jayette, 149 Fla. 82, 5 So.2d 453;California Linoleum & Shades Supplies, Inc., v. Schultz, 105 Cal.App. 471, 287 P. 980; McKeighan Wachter Co. v. Swanson, 138 Wash......
  • Request a trial to view additional results

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