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Abstract

Plaintiff and defendant entered into a contract whereby plaintiff was to teach defendant boxing and to use his best efforts to negotiate and manage boxing bouts for defendant over a period of five years, the proceeds of the contests to be divided between plaintiff, defendant, and a brother of defendant on a percentage basis. Defendant agreed not to engage, during the life of the contract, in any "boxes, exhibition fights, or theatrical performances except such as have been procured by" the plaintiff. On appeal by defendant from a temporary injunction restraining his breach of the negative covenant, held, assuming the contract to be one of employment rather than, as contended by defendant, one of partnership, still no in junction should issue, since neither the services to be rendered by defendant nor by plaintiff were unique or extraordinary. Safro v. Lakofsky (Minn. 1931) 238 N. W. 641.

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