SCHLOSSBACH v. FRANCIS-SMITH


3 N.J. Super. 368 (1949)

65 A.2d 560

HARRY R. SCHLOSSBACH, PLAINTIFF, v. WHITTON FRANCIS-SMITH AND ALEXANDER FRANCIS-SMITH. DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 19, 1949.


Attorney(s) appearing for the Case

Mr. Ward Kremer, attorney for the plaintiff.

Messrs. Durand, Ivins & Carton (Mr. James D. Carton, Jr., of counsel), attorneys for the defendants.


JAYNE, J.S.C.

This action implicates the equitable enforceability in the existing factual circumstances of an ancillary restrictive covenant embodied in the agreements dated November 19, 1945 (subsequently renewed), by which the plaintiff, a realtor, employed the defendants as sales agents.

Covenants in restraint of trade between employer and employee have not in recent years been unqualifiedly disapproved by our judicial decisions or by considerations of...

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