This provision was written into the contract at plaintiff's insistence because as he testified he knew the people in that neighborhood and wanted to make this job his lifetime work. The bonus was to be credited to his purchase of stock in the corporation to the extent of 25% ownership. He was to be paid a weekly salary, and also a bonus *611 of 10% of the net profits. In the fall of 1949 plaintiff, a registered pharmacist, entered into an argreement whereby he was to manage a drug store, being built by the defendant at 4th North and Oakley Streets (between 11th and 12th West) in Salt Lake City, Utah. The restrictive covenant was held to be unenforceable for lack of consideration, lack of mutuality of obligation and because it was an unreasonable restriction as to area. The trial court found that the five year period of non-competition was reasonable as to time, but the two-mile radius was more than necessary to protect the defendant's business and was therefore an unlawful restraint of trade. 'Osbourne agrees that in the event of termination of this contract for any reason, * * * he shall not directly or indirectly compete, as an employee or principal in the operation of a drug store or pharmacy within a radius of two miles of this drug store for a period of five years thereafter.' This is an action for a declaratory judgment to determine the validity of the following negative covenant in the contract of employment under which Allen was employed.

Osbourne Allen was discharged as manager and pharmacist at the defendant's drug store. Richard Bell and Jacque Bell, all of Salt Lake City, for respondent.

Radius vs steel faith