116 N.J. Eq. 337 | N.J. Ct. of Ch. | 1934
The complainant, a manufacturer of metal toys, engaged the services of the defendant Bueschel, an inventor, to invent and design toys and tools and dies to be used in the process of manufacturing toys, for three years from April 3d 1933, at a fixed weekly wage and a percentage of the profits on toys invented by him. Bueschel quit in April, 1934, and took employment in the same capacity with the defendants, Grauert and Lackawanna Manufacturing Company, metal toys manufacturers. Upon filing the bill a restraint issued against Bueschel's serving his new employers and the new employers from continuing Bueschel in their employ as inventor and designer of toys and tools and dies,c. The motion is to continue the restraint until the final hearing. *338
The services agreed to be rendered — inventing and designing — are obviously "special, unique or of an extraordinary character" and within the class where equity, while not specifically enforcing the contract, restrains the employe from serving a competitor of the employer during the term of the engagement. Bueschel does not deny the individuality of his skill; we are not concerned with the quality or grade of his inventive genius. He resists the injunction on the ground that the hiring was not exclusive and because he did not covenant not to invent and design for others. The contract of employment for three years, with his duties thus defined, "the duties of your employment shall consist of and require you inventing and designing toys for us and directing the production of toys by us," and "the duties of your employment shall be performed by you at our Hackettstown plant or other plants," precludes the idea that he could serve others, and impliedly covenants that during the period he would not give his talents to others.
The defendants rely on the expression of Mr. Justice Swayze inTaylor Iron and Steel Co. v. Nichols,
Bueschel claims that he left the employ with the complainant's consent. It is met with a denial. The burden of proof is on him and he has not met it.
Bueschel also justifies quitting because the complainant failed to pay him his percentage of profits on toys invented by him. He has not sustained it; he did not leave on that account.
The injunction will continue until final hearing. *340