82 A.D. 429 | N.Y. App. Div. | 1903
The plaintiff purchased of the defendant a certain barber shop, paying $4J5 for the same. To the bill of sale was attached a schedule of the property, and the following: “ I, Liborio Abruzzo hereby agree of not star or work in any other barbar shop in five block from the said barshop "sold to Silvestro Liotta at 201 Nassau Avenue under penalty of a fine of $300.”
The case was, by agreement, submitted to the trial court, without a jury, it being stipulated that the defendant had started a barber shop within the limits mentioned. It was understood that if the
The judgment appéaled from- should be reversed and.á hew trial ■ granted, costs to abide the event.
Goodrich, P. J.,. Bartlett, Hirschberg -and Jenks, Jj., ■ concurred. . ' ' • ’
Judgment reversed and new trial granted, costs to .abide the event. » ’