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What Are The Rights Of The Vendor Of Good Will?, Joseph H. Drake

Articles

Various attempts have been made to answer this question by defining the term "good will" and in this way determining what passes to the vendee and, e converso, what rights are left to the vendor. Lindley, however, says, "the term good will can hardly be said to have any precise signification." LINDLEY-EWELL, 2nd Ed., 439. Though indefinable the term is said to be divisible, as in the case of Foss v. Roby (1907), 195 Mass. 297, where it is said, following previous decisions, that in a commercial partnership the good will is largely local in character whereas in a professional …