The opinion of the court was delivered by BIGELOW, J.A.D.
The respondent, Miller and Sons Bakery Co., agreed to buy the business conducted by the appellant Selikowitz, and paid $2,000 on account of the purchase price when the contract was signed November 17, 1948. One of the stipulations of the contract read:
"The seller agrees to procure an employment agreement with James Koye, with the restrictive covenant (2 yrs.) not to engage in a similar business or...
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