2 Mass. App. Ct. 860 | Mass. App. Ct. | 1974
These are an original petition by Blackwell (petitioner) and a cross petition by E. M. Helides, Jr., Inc. (respondent), both filed in a Probate Court (G. L. c. 215, § 6, as amended through St. 1970, c. 888, § 24; G. L. c. 231A), seeking declaratory and injunctive relief with respect to the validity of a negative covenant which appears in a written agreement executed by the named parties at the time (October 23, 1970) of the petitioner’s employment by the respondent as a real estate salesman and under which the petitioner undertook not to enter or engage in any phase of the real estate brokerage business which requires licensing (under G. L. c. 112, §§ 87PP et seq.) in Taunton or any of thirteen named surrounding municipalities (area) for a period of thirty-six months following termination of the agreement (found to have occurred on January 29, 1973). The petitioner has appealed from a decree dismissing the original petition and from a decree entered on the cross petition enjoining him in accordance with the
So ordered.