Kleinwaks v. Shiner

Koch, J.,

Plaintiff is engaged in the wholesale and retail sale and distribution of ice cream and allied products and is the owner of trucks designed and equipped for the purpose of vending ice cream on a neighborhood basis.

Oh April 1, 1955, plaintiff and defendant entered into a written agreement whereby one of plaintiff’s trucks was leased to defendant who agreed to sell Penguin ice cream exclusively and pay a stipulated weekly truck rental. It also contained a provision whereby defendant, who was referred to as a dealer and independent contractor, covenanted that he would not, for a period…