IRVING INVESTMENT CORP. v. GORDON


3 N.J. 217 (1949)

69 A.2d 725

IRVING INVESTMENT CORPORATION, A CORPORATION OF NEW JERSEY, AND NEWARK HARDWARE & PLUMBING SUPPLY COMPANY, A CORPORATION OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. DAVID GORDON AND IRVING GORDON, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 5, 1949.


Attorney(s) appearing for the Case

Mr. Milton M. Unger argued the cause for appellants (Messrs. Milton M. and Adrian M. Unger, attorneys).

Mr. Meyer E. Ruback argued the cause for respondents (Messrs. Ruback & Albach, attorneys).


The opinion of the court was delivered by CASE, J.

The primary question is whether a corporate lessor may lawfully burden a lessee with a covenant in restraint of trade when the covenant is effective against property not involved in the lease and is made for the benefit of another corporation with which the lessor has no privity and in which it has no interest.

Irving Investment Corporation, one of the plaintiffs, owned a property located at the southwest...

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