Oliver M. Farrand Co. v. Farrand

The action proceeds upon an alleged violation by the defendant of a covenant entered into by him upon the sale of his retail jewelry business to the plaintiff’s asignor, F. W. Barthman, Jr., in the following words: “And it is further agreed on the part of the party of the first part that in consideration hereof he will not engage directly or indirectly in the retail jewelry business in any form in the City of New York for five years after he shall have finally left the employment * * * with the party of the second part or his assigns.” In brief, the case for the plaintiff rests upon the claim…