127 Fla. 703 | Fla. | 1937
Lead Opinion
Upon consideration of the appeal in this cause it seems to a majority of the Court that the rule laid down in the case of Love v. Miami Laundry Co.,
ELLIS, C.J., and WHITFIELD, TERRELL, BUFORD and DAVIS, J.J., concur.
BROWN, J., dissents.
Dissenting Opinion
The bill in this case alleges that plaintiff in the court below, appellant here, entered into a contract with appellee Hoppen by which the latter agreed to render personal service for appellant as an assistant in the business of hair dressing and hair waving, in the Town of Palm Beach, Florida, during the winter season, where appellant conducted a well and favorably known place of business for that purpose and catered to an exclusive clientele, for which service appellant contracted to pay Hoppen $59.50 per week, with commissions ranging from seven to ten per cent., and fare to Palm Beach, and a two weeks vacation each year with full pay. After several years' service, there was, in 1932, an agreed reduction of 10 per cent. in salary. The contract provided that either party might terminate the employment at the end of any week upon two weeks' written notice. The contract further provided that Hoppen would not,during his employment, nor at any time after its termination, on behalf of himself or anyone else, engage in a business of similar character in Palm Beach, Florida. Several years later, in 1933, appellant entered into a similar contract with the other appellee, Agnese. Both appellant and appellees were non-residents. That appellant had acquired a very exclusive and valuable clientele built up by the personal reputation of J. Schaeffer, President of Plaintiff corporation, and his method of treating the scalp and hair. That appellant would not have brought appellees to Palm Beach and paid them so generously had it not been for their such agreements, which were, by their terms, to be kept and performed by them. That in spite of such contracts, and appellant's faithful compliance *705 therewith, these two appellees, while one of them was still in appellant's employ had rented a store room in Palm Beach and had organized a corporation, Janry, Inc., with the avowed and publicly announced purpose of engaging in the same business during the coming winter season; that this was done with the intent to induce and entice appellant's customers to leave it and give their patronage to appellees, and that this would irreparably injure or destroy appellant's business. The bill also alleged that the appellees were financially irresponsible and that its only remedy was in equity, and prayed that the defendants be enjoined from violating the above mentioned covenants of their contracts.
On motion, the court denied the application for injunction and dismissed the bill.
Appellees contend that the decree of the court below should be affirmed upon the authority of the case of Love v. Miami Laundry Co.,
I think therefore that the decree appealed from should be reversed.