Weliky v. Zakrzewski

This is a case for the construction of a restrictive clause as to resuming business within a certain area. The clause in the contract reads as follows: "The party of the first part is not to open a similar business or work for anybody in a similar business within the radius of ten city blocks for five years, east, west, north or south."

The principle involved in this case was decided in Messinger v. Fransblau, 118 Atl. Rep. 260. I, myself, filed an opinion in a case very similar to this in Tsangas v. Broogos, 95 N.J. Eq. 499. There is a slight variation in the wording of these restrictions,…