in any event, upon the expiration of twelve months from the date hereof. 7. That this contract shall be executed in triplicate, and it is agreed that the contract retained by the First Party shall be considered the original, and shall be the binding agreement, if the duplicate, or duplicates, thereof shall vary from it in any particular. IN WITNESS WHEREOF, the First Party has signed this instrument by its President, thereunto duly authorized, and has caused its corporate seal to be hereunto affixed, attested by its Secretary, and the Second Party has hereunto set his hand and seal, the day and year first above written. (Seal) Attest: John Jones, Secretary. Doe Refining Company, President. Richard Roe (L.S.). CHAPTER XIV MASTER AND SERVANT Section 1.-Agreements of Employment. No. 286-Agreement of employment from week to week. No. 287-Agreement of employment, terminable at election of employer, whereunder employee covenants not to aid any rival company, during term of the contract. No. 288-Agreement of employment, whereunder employee covenants not to disclose trade secrets and secret processes, or compete with employer, during and after the term of employment. No. 289-Agreement hiring actor-official form. No. 290-Agreement hiring actor for "run of the play"-official form. No. 291-Agreement hiring chemist as consultant, whereunder chemist covenants to transfer to employer all discoveries relating to latter's business and whereunder chemist may act as consultant to those engaged in other lines of business. No. 292-Agreement hiring designer, whereunder employee agrees to travel abroad. No. 293-Agreement hiring designer, with covenant to indemnify employee for breach of a prior contract of employment. No. 294-Agreement hiring driver and collector in Taundry business, whereunder employee covenants, after termination of hiring, not to compete with, or disclose the names of the customers of, the employer, or to solicit their business. No. 295-Agreement hiring general superintendent, upon a basis of salary and share of profits. No. 296-Agreement hiring hotel cook, upon a month to month basis, whereunder employee agrees to permit the employer to search his person and effects, and covenants not to join labor union or to strike. No. 297-Agreement hiring manager of branch office to sell securities. No. 298-Agreement hiring salesman for specific territory, upon a commission basis, under which employer agrees to make advances and pay traveling expenses against commissions. No. 299-Same-another form. No. 300-Same-another form, whereunder employer agrees to loan weekly sums to employee, who agrees to repay same on demand. No. 301-Agreement hiring silk finisher, whereunder the employee agrees to perform his work in a manner satisfactory to the employer and his customers. Section 2.-Miscellany. No. 302-Agreement terminating agreement of employment, with mutual releases. No. 303-Clause making certificate of employer's accountant conclusive in ascertaining employee's share of profits. No. 304-Clause permitting employer to transfer agreement of hiring to corporation acquiring his business. No. 305-Clause prohibiting employee from disclosing employer's trade secrets or working for others. No. 306-Clause terminating contract of hiring, upon destruction or injury by fire of employer's factory or office. SECTION 1.—AGREEMENTS OF EMPLOYMENT. No. 286. Agreement of employment from week to week.1 AGREEMENT, made January 5, 1923, between John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "Employer"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Employee"), 1 Cf. Daveny v. Shattuck (1880), 9 Daly (N. Y.), 66. WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS: 1. The Employer hereby hires the Employee to work for him as a bookkeeper, and the Employee hereby accepts said employment, upon the following terms, to wit: (a) Said employment shall be from week to week only, and may be terminated, by either party, at the end of any week. (b) The Employee's compensation shall be the sum of fifty ($50) dollars a week. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written. In the presence of John Doe (L.S.). No. 287. Agreement of employment, terminable at election of employer, whereunder employee covenants not to aid any rival company, during term of the contract.2 THIS AGREEMENT, made January 5, 1923, between Doe Company, Inc., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WITNESSETH: WHEREAS, the Second Party has, for several years, been in the employment of the First Party, in its business of manufacturing and selling paper dress patterns and other forms of business connected therewith; and WHEREAS, the parties hereto desire to enter into a new agreement, respecting the nature, extent and obligations of such employment in the future and the compensation therefor; and WHEREAS, in the course of such employment, the Second Party may be assigned to duties that may give him knowledge, or information, of such confidential, or other, matters, relating to the conduct and details of the business of the First Party as will Adapted from McCall v. Wright (1910), 198 N. Y. 143, 91 N. E. 516, 31 L. R. A. (N. S.) 249. result, in the opinion of the President of the First Party, in irremedial injury to it, for which no money damages could adequately compensate it, if the Second Party should enter into the employment of a rival concern, while this contract is still in effect: NOW, THEREFORE, IT IS HEREBY MUTUALLY agreed, as follows: 1. The Second Party agrees to continue in the employment of the First Party, for a period of five (5) years from January 5, 1923, unless said employment shall be sooner terminated by the First Party, as hereinafter provided. 2. (a) The nature of the duties and the employment of the Second Party, under this contract, shall be such as shall be assigned to him, from time to time, during the term of said employment, by the First Party, or its President. (b) The Second Party agrees to engage in no other occupation, during said period, and to use his best endeavors to promote the business and the business interests of the First Party, and well and successfully to perform the several duties that shall be assigned to him by the First Party, or its President, while this contract shall be in force. (c) The regular hours of said employment shall be from 9.30 A.M. to 5.00 P.M. 3. (a) That for his services, as aforesaid, the First Party shall pay to the Second Party the sum of five hundred ($500) dollars a month. (b) Such salary, or compensation, shall be paid to the Second Party on the first day of the month next following that in which the same shall have been earned. (c) That, for all time had by the Second Party from said employment, a corresponding, or proportionate, deduction shall be made in his salary, or compensation, as above provided for; except for the period, or periods, of any vacations with pay that may, at the option of the First Party, be granted to the Second Party. 4. The First Party shall have the right and option to terminate this agreement, at any time, upon giving to the Second Party not less than thirty (30) days' notice of its intention to exercise such right and option. 5. If the Second Party, while this contract remains in effect, shall, in violation of its terms, enter into the employ, or service, or otherwise act in aid of the business, of any rival company, or concern, engaged in the same, or a similar, general line of business, |