MILLER AND SONS BAKERY CO. v. SELIKOWITZ


8 N.J. Super. 118 (1950)

73 A.2d 607

MILLER AND SONS BAKERY CO., INC., AND ANOTHER, PLAINTIFFS-RESPONDENTS, v. MAX SELIKOWITZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1950.


Attorney(s) appearing for the Case

Mr. Lewis S. Jacobson argued the cause for the respondents (Mr. Sam Weiss, on the brief).

Mr. Harold J. Sklarew argued the cause for the appellant.

Before Judges JACOBS, DONGES and BIGELOW.


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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