Nisonoff v. Cerebe

A circularity of transactions gives the subject matter of this litigation a somewhat novel aspect. The acknowledged facts are assembled from the pleadings.

On October 16, 1945, the plaintiff and his wife sold their food market business conducted at No. 499 Main Street, Spotswood, New Jersey, to the defendant. The bill of sale embraced the following restrictive covenant:

"And the said Hyman Nisonoff and Lillian Nisonoff, for and in consideration of the sale of the business to the said Bernard Cerebe, do hereby covenant, promise and agree to and with the said Bernard Cerebe, his heirs, executors,…