Voorhees & Hoobart, Inc. v. Hobart

The plaintiff claims that by adoption and ratification it has become entitled to enforce a contract in which the defendant agreed not to conduct a furniture and undertaking business in the counties of Yates and Ontario for a period of ten years. Another provision of that contract requires the plaintiff to employ the defendant for a period of ten years.

The plaintiff may not recover in this action unless it shows that it has on its part performed the terms of the contract. (Shubert Theatrical Co. v. Gallagher, 200 App. Div. 596.)

There is a sharp dispute between the parties as to whether the…