Opinion
No. 55/528.
04-10-1924
WELIKY v. ZAKRZEWSKI.
J. Thaddeus Respond, of Newark, for complainant. Herbert J. Hannock, of Newark, for defendant.
Bill by Joseph Weliky against Piotr Zakrzewski. On bill for construction of a restrictive clause as to resuming business within a certain area. Clause construed, and motion for injunction denied.
J. Thaddeus Respond, of Newark, for complainant.
Herbert J. Hannock, of Newark, for defendant.
CHURCH, V. C. This is a case for the construction of a restrictive clause as to resuming business within a certain area. The clause in the contract reads as follows:
"The party of the first part is not to open a similar business or work for anybody in a similar business within the radius of ten city blocks for five years, east, west, north or south."
The principle involved in this ease was decided in Messinger v. Franzblau (N. J. Ch.) 118 Atl. 260. I, myself, filed an opinion in a case very similar to this in Tsangas v. Broogos, 123 Atl. 247. There is a slight variation in the wording of these restrictions, "ten city blocks" and "area of ten city blocks," and in the instant case, "within a radius of ten city blocks, north, east, south and west." I do not think that the word "radius" coupled with "north, south, cast and west" changes the situation which has been decided in the other cases. Moreover, there is another reason why this injunction should be denied. The business that was sold was in Newark; the business that the defendant reopened was in Irvington. Irvington is not a city, but a town, and how can one measure in the town of Irvington any distance by city blocks?
I shall therefore deny the motion for the injunction.