
    Moe Schwarz, as Executor of Isidor Frey, Deceased, Respondent, v. E. Regensburg & Sons, Appellant.
    
      Frey v. Regensburg & Sons, 168 App. Div. 903, affirmed.
    (Argued February 4, 1918;
    decided February 26, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in -the first judicial department, entered April 14, 1915, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action on contract. The complaint alleged that for many • years.plaintiff’s testator had been employed by defendant as a salesman, and during the course of the employment sold to a large number of customers — and that on January 3, 1907, the defendant agreed with him that if he would retire from its employ and agree, in substance, to refrain from competing with the defendant for the rest of his life or from engaging in its line of business, the defendant would pay him $5,000 a year for life in weekly installments; that he so agreed and that he had complied with the terms of his promise and that the defendant had refused to pay the weekly installments for January and February, 1913. The amended answer denied the making of the contract, set up as affirmative defenses ultra vires, that it was unusual and unreasonable, was without consideration or for an illegal consideration, that the officer alleged in the bill of particulars (the treasurer) to have made the contract had no power to bind the corporation to such an agreement and that the. contract was void for want of mutuality.
    
      Edmund L. Mooney, Martin Paskus and Frederick A. Card for appellant. .
    
      Joseph M. Proskauer, Maurice S. Hyman and Samuel Kramer for respondent.
   Judgment affirmed, with costs; no opinion. .

Concur: His cock,. Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.  