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NELSON v. SPENCE

Docket No. 26813.

217 Cal.App.2d 793 (1963)

31 Cal. Rptr. 895

ORVAL W. NELSON, Plaintiff and Appellant, v. DARREL SPENCE et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

July 1, 1963.

Attorney(s) appearing for the Case

John L. Mace for Plaintiff and Appellant.

Barker & Miller and G. Scott Miller for Defendants and Respondents.

FOX, P.J.

In August 1956 plaintiff, who was engaged in the business of packaging and selling fertilizer, entered into a contract with defendants for the purchase of their peat moss business. This agreement provided, inter alia: "Sellers [defendants] agree that they will not engage in the business of selling peat, nor sell to any other person or enterprise any peat, during the term of this agreement, and it is agreed that Buyer shall have the right to sell said...

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