American Ice Co. v. Lynch
New Jersey Court of Chancery
On bill for injunction to restrain defendant from engaging in an opposition business contrary to his agreement. The bill seeks to enforce against defendant a certain contract wherein defendant agreed not to engage in the ice business within a specified territory for a period of one year. Defendant was employed by complainant as a driver of an ice wagon and canvasser for customers.
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On bill for injunction to restrain defendant from engaging in an opposition business contrary to his agreement. The bill seeks to enforce against defendant a certain contract wherein defendant agreed not to engage in the ice business within a specified territory for a period of one year. Defendant was employed by complainant as a driver of an ice wagon and canvasser for customers. The agreement of employment was embodied in a bond which defendant and a surety gave to complainant for $200 in amount conditioned that defendant would faithfully perform the duties and engagements specified in the…
1Opinion of the Court
Leaming, V. C.
The contention of defendant finds support in a considerable number of adjudicated cases; but this court is now firmly comv mitted to the opposite view. Crane v. Peer, 43 N. J. Eq. (16 Stew.) 553; Brown v. Norcross, 59 N. J. Eq. (14 Dick.) 427; Avon Land Co. v. Thompson, 60 N. J. Eq. (15 Dick.) 207. A consideration of the terms of the present contract and the conditions necessarily surrounding its execution clearly discloses that it was in no sense intended by the parties as an alternative contract designed to extend to defendant an option to either refrain from engaging in an…
2Cases cited1 opinion
- Anderson v. BowlingTennessee Supreme Court · 1850
3Cited by18 opinions
- Menter Co. v. BrockSupreme Court of Minnesota · 1920
- McAnally v. PersonCourt of Appeals of Texas · 1933
- A. Fink Sons v. GoldbergNew Jersey Court of Chancery · 1927
- Bettinger v. North Fort Worth Ice Co.Court of Appeals of Texas · 1925
- City Ice Delivery Co. v. EvansCourt of Appeals of Texas · 1925
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