253 Mass. 94 | Mass. | 1925
The defendant, on entering the employ of the plaintiff, August 17, 1920, as “a driver for the purpose of collecting, soliciting, and returning laundry, as well as collecting all money due to the . . . [plaintiff] from its various customers” agreed, among other things, “that in the event of his severing his connection, either voluntarily or involuntarily, as such employee with the said party of the first part
The judge refused to enjoin him from soliciting or attempting to solicit laundry business in Somerville and in Medford for himself or any other employer in the laundry business, for reasons stated in findings and rulings which are referred to in the decree. He found that the inhibition as to time and territory were reasonable; but, following his interpretation of the decision in Sherman v. Pfefferkorn, 241 Mass. 468, he concluded that the inhibition in regard to solicitation in Somerville and Medford was not required to protect the plaintiff from unfair and improper use of confidential knowledge obtained by the defendant by reason of his employment.
The plaintiff appeals from this decree, and claims that it is entitled to the wider injunction which it sought by its bill.
It must be recognized that in employing any one as driver and collector for a laundry the employer introduces the person to a public capable of furnishing laundry business to which but for such introduction he might never be known. The difficulty of proving improper use of knowledge acquired and of connections established during the employment is very great. A provision for freedom from competition within that vicinity immediately on the termination of the employment is recognized as a reasonable requirement to make of the applicant for employment by Sherman v. Pfefferkorn, and by the many cases "there cited.
The plaintiff carries on its business in Somerville and Medford. We cannot regard the limitation in this case as going beyond what is reasonable to afford adequate protection to the employer. Chandler, Gardner & Williams, Inc. v. Reynolds, supra. See also Farrell v. Chandler, Gardner & Williams, Inc. 252 Mass. 341.
The defendant is in the wrong: and the appeal is well taken. The decree must be amended. The plaintiff is entitled until October 21, 1926, not only to the injunction which was granted, but also to a further order enjoining the defendant until said date from soliciting any one for laundry work as described in the contract in the cities of Somerville and of Medford, and to its costs.
So ordered.