No. 294.

Agreement hiring driver and collector in laundry 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."

AGREEMENT, made January 5, 1923, between Doe Laundry Co., 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"),

WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS:

1. The First Party hereby employs the Second Party as a driver, collector, solicitor and canvasser in its laundry business, at a salary of twenty-five ($25) dollars a week, payable at the end of each week, and at a commission of one ($1) dollar for each new customer obtained by the Second Party for the First Party. That, for the purposes of this agreement, a "new customer" shall be one who, at no previous time, shall have been a customer of the First Party.

2. The Second Party hereby accepts the employment aforesaid, and agrees to perform his services to the best of his ability, and to comply with all the rules, orders and regulations, which the First Party may adopt, from time to time; and the Second Party further agrees to devote to such service as much time each and every day as the First Party may require, but not in excess of sixty (60) hours a week.

3. That this agreement may be terminated, at any time, by either party giving two weeks' notice to the other; and the payment, or tender, of a week's wages by the First Party to the Second Party shall be equivalent to a week's notice.

4. It is expressly agreed that, for a period of eighteen (18) months after the termination of this employment, for any cause whatsoever, the Second Party will not, directly or indirectly, as employer, employee, or otherwise, engage in the wet wash laundry

Adapted from Eastern N. Y. Wet Wash Laundry v. Abrahams (1916), 170 App. Div. 788, 106 N. Y. Supp. 69.

business, or in any business similar thereto, nor act in aid of the business of any rival, or competing, person, firm or corporation in the same, or a similar, business, within the Boroughs of Manhattan, Brooklyn and Queens, in the City of New York; and that the Second Party will not, at any time, disclose. or furnish, to any person, firm or corporation, other than the officers of the First Party, the names, or addresses, of any of the customers of the First Party; and that the Second Party will not, at any time, solicit, or canvass, the trade, or patronage, of the customers of the First Party, or collect, or deliver, laundry to any of them, for any other person, firm or corporation engaged in the wet wash laundry business, or in any similar business.

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.

Agreement to hire general superintendent, upon a basis of salary and share of profits.10

AGREEMENT, made January 5, 1923, between 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. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"),

WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS:

1. The First Party hereby hires the Second Party, and the Second Party agrees to work for the First Party, for the term of five

10 Adapted from Heaphy v. Eidlitz (1912), 197 App. Div. 455, 189 N. Y. Supp.

years from the date hereof, as general superintendent of the First Party, and to perform such other duties, pertaining to the First Party's contracting and building business, as the First Party may direct.

2. That, during the term of this agreement, the Second Party shall devote his entire time and energy to the furtherance of the business of the First Party, under its direction, and shall not act in any advisory, or other capacity, for any individual, firm or corporation, other than for the First Party, in matters pertaining to the business of contracting, or building, or in the preparation of plans, or specifications, for buildings, or in making estimates of costs thereon, or in the superintendence, or erection, of the same, without first having obtained the written consent thereto of the First Party.

3. (a) That the First Party shall pay to the Second Party, for his services as aforesaid, the sum of twelve thousand five hundred ($12,500) dollars, for the year commencing January 5, 1923, and ending January 4, 1924, and, during the succeeding four years, the sum of twelve thousand five hundred ($12,500) dollars each year, plus ten (10%) per cent of the net profits of the said business of the First Party, which shall be determined as hereinafter provided.

(b) That the said yearly sum of twelve thousand five hundred ($12,500) dollars shall be paid to the Second Party in equal monthly installments.

4. (a) That the net profits of the said business, for the period above mentioned, shall be determined, by deducting from the earnings of the First Party all expenses of any and every nature, together with all salaries paid to the officers of the First Party, not exceeding in any one year the sum of twenty-seven thousand ($27,000) dollars.

(b) That the term "earnings of the First Party," as used in the preceding subdivision hereof, shall be such amounts as shall have been earned by and paid to the First Party, during the year preceding, for work actually performed on contracts, or jobs, and against which no claim shall have been made.

(c) That the determination of the amount of such net profits as made by the First Party, as well as their determination, calculation and apportionment, shall be final, conclusive and binding upon the Second Party; it being agreed that the Second Party shall

not, at any time, have the right to examine, or cause to be examined, the books, or records, of the First Party, for any reason whatsoever; and the said Second Party hereby, for himself, his heirs, executors and administrators, waives any and all right to examine such books, or records, or to cause the same to be examined.

5. That the death of the Second Party, prior to the expiration of this agreement, shall forthwith terminate this agreement; and in such event, an accounting of the amount due, up to the date of such death, shall be made to his personal representatives in the same manner as if the said date of death were the termination of the yearly period herein provided for; it being agreed, however, that such personal representative shall not have any access to, or right of examination of, the books, or records, of the First Party, and shall accept as final, conclusive, and binding, the determination of the First Party in respect of the amounts due hereunder, and that said personal representative shall have no other rights than those given to the Second Party hereunder.

IN WITNESS WHEREOF, the First Party has caused this instrument to be signed 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.

(Seal) Attest:

John Jones,
Secretary.

Doe Co., Inc.,
By John Doe,
President.

Richard Roe (L.S.).

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.11

THIS AGREEMENT, made January 5, 1923, between Doe Hotel Co., Inc., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 112 Broad"Adapted from Ressig v. Waldorf Astoria Hotel Co. (1920), 229 N. Y. 553, 139 N. E. 912.

way, 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"),

WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS:

1. That the First Party hereby employs the Second Party, and the Second Party agrees to work for the First Party, as a pastry cook, in its hotel at No. 112 Broadway, Borough of Manhattan, New York City, from month to month, beginning February 1st, 1923 (unless otherwise terminated as hereinafter provided), at the monthly wages of one hundred ($100) dollars.

2. That the Second Party shall strictly obey all rules and regulations of the First Party, whether now in force, or hereafter adopted; and the Second Party agrees that, at any time during the period of this agreement, the First Party may examine and search the person, trunk, clothing and effects of the Second Party, and the Second Party hereby waives all claims for damages on account of any such examination or search.

3. That the Second Party shall promptly deliver to the First Party any money, jewelry, and all other property, that the Second Party may find in the said hotel of the First Party.

4. That the Second Party hereby covenants that he will not become affiliated, as a member, or otherwise, with the Koe Hotel Workers Union, or with any other kindred organization, nor promote, aid, or participate, either directly or indirectly, in any strike against the said hotel, or the First Party.

5. That the First Party may terminate this agreement and discharge the Second Party, without previous notice; and, in such event, but in no other, the wages receivable by the Second Party shall be apportioned and paid to the Second Party, and the First Party shall, in addition thereto, pay to the Second Party one day's extra pay.

6. That the Second Party may terminate this agreement, at the end of any month, by giving notice in writing to the First Party of his intention to do so, at least eight (8) days prior to the end of any such month.

7. That the Second Party shall forfeit, as liquidated damages, all wages due to him, in the event of his failure to comply with any of the provisions of this agreement.

IN WITNESS WHEREOF, the First Party has caused this instru