Schwartz v. Van Der Plate Co., Inc.

This is a suit to compel performance of a contract not to engage in a competitive business within a specified area. Van Der Plate Co., Inc., and Jacob Van Der Plate entered into a contract with one Beckwermert individually, and in behalf of a company to be formed by him. By the terms of the contract the defendants sold a coal business conducted by them in Bloomfield, and agreed not to sell coal within a radius of five miles. The defendant agreed to furnish and deliver coal to Beckwermert customers at a price to allow the Beckwermert firm a profit of $1.25 a ton.

Beckwermert immediately formed…