187 Ga. 749 | Ga. | 1939
H. H. Wright had an established business of selling and distributing Pepsi-Cola (a beverage) by trucks over designated Toutes in the City of Atlanta and vicinity. C. M. Ogle was one of his salesmen and truck-drivers who knew the routes, secrets of trade, and customers of Wright. A competing company, engaged in the same business on the same routes, em
“An agreement in restraint of trade, ancillary to a contract of employment, supported by a valuable consideration, and limited as to both time and territory, and not otherwise unreasonable, is enforceable. . . If the consideration for such an agreement be legal, it is sufficient; the adequacy of the consideration is a matter to be determined by the parties thereto. . . If the consideration be so grossly inadequate as to shock the conscience and to amount in itself to evidence of fraud, equity will not enforce the agreement. . . Under the evidence in the record the judge of the superior court did not abuse his discretion in holding that the business conducted by the plaintiff in error was in violation of the restrictive covenants in his contract with the defendant in error, and in granting an interlocutory injunction.” Shirk v. Loftis, 148 Ga. 500 (97 S. E. 66); National Linen Service Cor. v. Clower, 179 Ga. 136 (3) (175 S. E. 460); Jones v. Primrose Dry-Cleaning Co., 181 Ga. 103 (181 S. E. 577); Kinney v. Scarbrough Co., 138 Ga.
Judgment affirmed.