213. Partners restrained from competing with business of old firm.

On a sale by the court, otherwise than to a partner1, it is usual and proper to state in the particulars of conditions of sale that the vendors are to be at liberty to carry on a similar business2. It follows that the value of the goodwill, as an asset to be disposed of, is enhanced if the outgoing partners are bound by contract not to carry on a similar business. It is a question of construction, usually of the vendor partner's partnership agreement, whether or not they are so bound