Simons v. Fried

Loughran, Ch. J.

There is a public policy which in general holds competent contracting parties to bargains made by them with their eyes open. There is, however, an antagonistic public policy which proscribes any contract that would bring about an unreasonable restriction of the liberty of a man to earn *325Ms living or exercise Ms calling (see General Business Law, § 340). Whether the last-stated policy condemns a contract wMch is here before us is the question now to be determined.

The contract was made in 1947. There are four parties thereto, namely, Betty Fried and her husband Joseph Fried,…