KIDD v. OAKES


39 Misc.2d 645 (1963)

William C. Kidd et al., Appellants, v. John J. Oakes, Respondent.

Supreme Court, Appellate Term, First Department.

June 27, 1963


Attorney(s) appearing for the Case

Hawkins, Delafield & Wood (Clarence Fried of counsel), for appellants. Gerald F. Egan for respondent.

Concur — GOLD, J. P., HOFSTADTER and CAPOZZOLI, JJ.


Per Curiam.

The question raised by this appeal is whether plaintiffs may recover the benefit paid to defendant pursuant to a profit-sharing plan. While the contention is that the contract results in unlawful restraint, yet an employee may legally undertake a restriction of his liberty to earn his living if he, by the contract, may be relieved of the restriction by forfeiting a contract right or by adhering to the provisions of the contract (Kristt v. Whelan...

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