Legal Opinion

Interstate Tea Co. v. Alt.

New York Court of Appeals

Decided April 21, 1936PublishedCited by 21 opinions

1Opinion of the CourtLoughran, J.

This is an action for specific performance of an employee’s promise not to compete with his employer after termination of their relationship.

Plaintiff is a domestic corporation that supplies a variety of commodities to the homes of consumers. It had two sets of employees: one for soliciting trade; the other to make deliveries and receive payments. On June 6, 1932, the defendant joined the latter group under a written contract made by him as party of the second part with the plaintiff as party of the first part.

So much of that agreement as is here important is in these words:

“ The party of the…

2Cases cited4 opinions

  1. Kaumagraph Co. v. . Stampagraph Co.New York Court of Appeals · 1923
  2. Edgecomb v. EdmonstonMassachusetts Supreme Judicial Court · 1926
  3. People's Coat, Apron & Towel Supply Co. v. LightAppellate Division of the Supreme Court of the State of New York · 1916
  4. People's Coat, Apron and Towel Supply Company v. . LightNew York Court of Appeals · 1918

3Cited by21 opinions

  1. Purchasing Associates, Inc. v. WeitzNew York Court of Appeals · 1963
  2. Arthur Murray Dance Studios of Cleveland, Inc. v. WitterCuyahoga County Common Pleas Court · 1952
  3. Karpinski v. IngrasciNew York Court of Appeals · 1971
  4. Solari Industries, Inc. v. MaladySupreme Court of New Jersey · 1970
  5. Bates Chevrolet Corp. v. Haven Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 1961

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