Graff v. Bernwitt Corp.

The plaintiff secured the restrictive covenant for the purpose of obtaining freedom from competition in the row of *866which his store is a part. And whether the violation of the restriction be denominated incidental to the principal business being conducted as defendants maintain or otherwise, it cannot be sustained as excusatory. Upon a motion of this character, the court concerns itself merely with the proposition whether there is a restrictive covenant binding upon the defendant, whether such covenant is being violated, and whether because of such violation the plaintiff is sustaining such…