133 Ga. 1 | Ga. | 1909
The Georgian Company, publisher of a daily newspaper in Atlanta, filed a petition against Frank Hammond, asking that he be enjoined from giving his services to any company, person, or persons publishing a daily or other newspaper in Atlanta or elsewhere, except to the Georgian Company. It was alleged, that Hammond was under written contract of employment by that company for a term of five years from November 1, 1908; that he refused to give his time and services to said company as he contracted to do, but in violation of his contract had entered and was continuing in the service of the Atlanta Journal, a rival news
It is admitted by Hammond that he is skillful and efficient as an advertising solicitor; but he denies that he possesses any peculiar or extraordinary qualifications for this work, or that the qualifications necessary to make an efficient and skillful advertising solicitor are different from those generally required in the successful pursuit of any commercial business. The court below granted the injunction as prayed, and Hammond excepted.
While there are cases in which a court of equity will enjoin the breach of a contract and compel one to abstain from performing personal services for other persons which he agreed to render exclusively to the plaintiff, there is nothing in the record before us to authorize a holding that the services which the plaintiff in error had undertaken to perform for the defendant in error were of such a character, or that the qualification of the plaintiff in error for the performance of those services was so unique as to bring the instant case within that class of cases where injunction is the proper remedy to redress the grievance of the injured party. “Generally an injunction will not issue to restrain the breach of