28 NATURE OF CAPITAL AND INCOME [Cuae. IT 
fulfil his contract by furnishing another equally skilful 
bricklayer, no audience attracted by either of those artists 
would accept in return for its entrance money the perform- 
ance of any understudy, no matter how capable. This 
right to the services of a particular person, as distinguished 
from the right to services of a particular character, gives 
rise to many curious cases in law. Similarly, a personal 
note is to a large extent a claim upon the person of the 
drawer, though also a claim upon his other wealth; for 
both the man himself and his external wealth are the means 
of keeping good the promise and finally paying the debt. 
Another case is that of a “factor’s agreement’ or some 
other promise by which a firm or person agrees to refrain 
from certain acts, such as selling in competition with the 
promisee. Some years ago a paper manufacturer near New 
Haven was offered a round sum if he would close his mills. 
This he did, to the benefit of both himself and his former 
rivals, though not of the public. In this case the contract 
which he made with his rivals constituted a kind of prop- 
erty for them; the wealth by means of which his promise 
was made good was evidently his own person, together with 
his plant; and the service performed was the inactivity of 
both. 
Good will is a less certain though still a valuable form 
of property. A few years ago one of the largest newspapers 
in the United States was sold. The property included, 
besides presses, type, linotype machines, office building, ete. , 
the items of overdue subscriptions and good will. An over- 
due subscription is a debt which constitutes a virtual prom- 
ise of the subscriber, and thousands of these in the aggre- 
gate make up a considerable value. By good will is meant 
something very similar; namely, the quasi-promise of the 
subscribers to continue to pay as long as the newspaper is 
sent to them and they are satisfied. These quasi-promises 
are also property, being almost equivalent to a signed agree- 
ment of the subscribers to the effect: “We hereby promise