the First Party shall be entitled to an injunction, to be issued by any competent court of equity, enjoining and restraining the Second Party, and each and every other person concerned therein, from the continuance of such employment, service, or other act, in aid of the business of such rival company, or concern.

IN WITNESS WHEREOF, the First Party has caused this instrument to be signed by its President, thereunto duly authorized, and its corporate seal to be affixed, attested by its Secretary, and the Second Party has hereunto set his hand and seal, the day and year first above written.

Doe Company, Inc.,
By John Doe,
President.

(Seal) Attest:

John Jones,
Secretary.

Richard Roe (L.S.).

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.3

THIS AGREEMENT, made January 5, 1923, between John Doe Co., Inc., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 372 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WITNESSETH:

WHEREAS, the First Party is engaged in the business of manufacturing and selling glucose, grape juice, starch and other kindred products of corn, and the various products manufactured in glucose and starch factories; and

WHEREAS, the Second Party has had several years of experience in the business of manufacturing the aforesaid products, and desires to enter the employment of the First Party in such manufacturing

Adapted from Corn Products Refining Co. v. U. S. (1919), 249 U. S. 621, 39 Sup. Ct. Rep. 291, 63 Law ed. 805.

business, and the First Party is desirous of employing the Second Party therein; and

WHEREAS, the First Party, in its aforesaid business, uses certain trade secrets and secret processes of manufacture, which will, necessarily, be communicated to the Second Party, by virtue of his employment by the First Party; and

WHEREAS, the First Party desires to protect and preserve the same as secrets, for its own use:

NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED, AS FOLLOWS: 1. The Second Party hereby agrees to enter the service of the First Party, and the latter hereby agrees to employ the Second Party in and about its aforesaid business, for a term of two years from and after the date hereof, at a salary of two hundred ($200) dollars a week, payable at the end of each and every week.

2. That, during the term of such employment, the Second Party shall devote all of his time and attention, and give his best effort and skill, exclusively to the business and interests of the First Party, and shall perform such services, in and about such business of the First Party, as may, from time to time, be assigned to him, and shall, in all respects, do his utmost to further enhance and develop the best interests and welfare of the First Party.

3. The Second Party covenants and agrees that he will not, during the term of this contract, and for five (5) years thereafter, directly or indirectly, enter the employment of, or render any services to, any other person, partnership, or corporation, engaged in the business of manufacturing grape juice, glucose, starch and other kindred products, or any products produced in glucose or starch factories, within a radius of one thousand (1,000) miles of the city of Buffalo, New York; and that, during said term, and for five years thereafter, he will not engage in such business on his own account, or become interested therein, directly or indirectly, as an individual, partner, stockholder, director, officer, clerk, principal, agent, employee, trustee, or in any other relation, or capacity whatsoever, except as provided in paragraph "1" hereof.

4. The Second Party covenants and agrees that he will not, during the term of this contract, and for five (5) years thereafter, whether in the employment of the First Party or not, communicate, or divulge, or use for the benefit of, any other person, partnership, or corporation, any of the trade secrets, or secret processes of manufacture, used, or employed, by the First Party, in and about

its said manufacturing business, and which may be communicated to the Second Party by virtue of his employment hereunder.

IN WITNESS WHEREOF, the First Party has hereunto signed its name, by its President thereunto duly authorized, and has caused its corporate seal to be affixed, attested by its Secretary, and the Second Party has hereunto set his hand and seal, the day and year first above written.

AGREEMENT, made this 5th day of January, 1923, between John Doe, residing at No. 11 Broadway, Borough of Manhattan, New York City (hereinafter called "Manager"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (hereinafter called "Actor").

1. The Manager engages the Actor to render services in the part of Henry Koe in the play entitled "The Man from Mercury," and to render services as understudy for the part of William Jones in the said play, upon the terms herein set forth, and the Actor hereby accepts such engagement on the following terms:

2. The date of the first public performance shall be the 10th day of February, 1923, or not later than fourteen days thereafter. Employment hereunder shall begin on the date of the beginning of rehearsals and shall continue until terminated by such notice as is herein provided.

3. The Manager agrees, as compensation for services hereunder, to pay the Actor the sum of one hundred ($100) dollars every week from the date of the first public performance of the play.

4. (a) The Actor, if required, shall give four weeks' rehearsal

Adapted from the "Independent Minimum Standard Form of Contract" prepared and used by the Actors' Equity Association, New York City.

without pay; if further rehearsals are required, then, for each additional week or part thereof, the Manager shall pay the Actor full salary therefor.

(b) Rehearsals shall be considered to be continuous from the date of the first rehearsal to the date of the first public performance of the play as provided in paragraph two.

(c) If the above play is a musical play, or a spectacular production, then, wherever the word "Four" appears with reference to rehearsals in this contract, the word "Five" shall be substituted.

5. This contract may before the beginning of rehearsals be terminated as follows:

If this contract be signed and entered into prior to two months of the date mentioned in paragraph two:

(a) By either party giving the other written notice and making payment of a sum equal to two weeks' salary.

This contract may, during rehearsals, be terminated as follows and not otherwise:

(b) At any time during the first ten days' rehearsals of the Actor by either party giving written notice, if this contract be signed and entered into within two months of the date mentioned in paragraph two, except in case the Actor be re-engaged for a part which he has previously played; or

(c) At any time after the first ten days' rehearsals of the Actor, by the Manager, by paying the Actor a sum equal to two weeks' salary.

(d) The Actor may cancel the contract by giving written notice and paying to the Manager a sum equal to two weeks' salary.

(e) If a play be rehearsed less than ten days and abandoned by the Manager, the Manager shall pay the Actor one week's salary.

6. Either party may terminate this contract at any time on or after the date of the first public performance of the play by giving the other party two weeks' written notice.

7. (a) If the play runs four weeks or less, the Manager may close the play and company without notice, and terminate the right of the Actor to further compensation, except as hereafter provided, provided he has paid the Actor for all services rendered from the date of first public performance, and in no event less than two weeks' salary. Should the A. E. A. consent the Manager may re-open the play during the current season, in which event he shall offer the Actor a re-engagement under this form of contract upon

the same terms and upon acceptance by the Actor enter into with the Actor such contract of re-engagement. Should the Manager fail to do this or re-open the play without the consent of the A. E. A., the previous terms of this clause shall not apply to the Actor and Clause 6 shall remain in full force.

(b) If the play shall run more than four weeks, the Manager shall give one week's notice of the closing of the season of the play and company, and thereby terminate the right of the Actor to compensation except for services performed to the date of closing pursuant to such notice.

8. If the Manager is prevented from giving rehearsals because of fire, accident, riot, strikes, illness of star, or prominent member of the cast, Act of God, public enemy or any other cause which could not reasonably be anticipated, or prevented, then the time so lost shall not be counted as part of the four weeks' rehearsal period herein provided. When said time so lost shall exceed two weeks, the Actor shall be free if he so elects.

9. (a) The Actor shall furnish and pay for such clothes as are customarily worn by civilians of the present day in this country, together with wigs, boots, and shoes necessarily appurtenant thereto. All other clothes, wigs, shoes, costumes and appurtenances and all "properties" to be furnished by the Manager.

(b) If the Actor be a woman, then the following clause supersedes (a):

In both dramatic and musical companies all gowns, hats and all "properties" of the actress shall be furnished by the Manager. Footwear and wigs for modern plays to be furnished by the Actress.

(c) It is understood that in every case where the Manager furnished costumes and appurtenances under this paragraph of the agreement, if notice of cancellation of this contract be given by such Actor, in that event he or she shall reimburse the Manager for the necessary and reasonable expense to which he or she may be put in altering or rearranging such costumes for his or her successor.

10. (a) Eight performances shall constitute a week's work A sum equal to one-eighth of the weekly salary shall be paid for each performance over eight in each week.

(b) Salaries shall be paid on Saturday night.

11. The Manager hereby agrees to transport at his expense the Actor when required to travel, including transportation from New York City to the opening point, and back to New York City from