Stein v. Kommit

This is the familiar case to enjoin the violation of a restrictive covenant in a bill of sale of the chattels and good will of a business consisting of cleaning, dyeing and tailoring work on personal clothing. The covenant reads:

"Party of the first part (defendant) further covenants and agrees not to participate in a similar business for a distance of ten blocks in all directions for a period of five years from the date hereof."

It is stipulated that the defendant has re-engaged in the same business at a location where there are less than five blocks intervening between his present place of…