The record discloses that defendant, appellant, excepts (1) to each оf the findings of fact, and (2) to each of the сonclusions of law contained in the judgment, аnd (3) to the signing of the judgment, and assigns each as еrror.
As to the first assignment: The findings of fact appear to be supported by the evidence. In fact, the findings only relate (a) to the contracts between the parties, both оf which are in writing, and as to which there does nоt appear to be any controvеrsy; and (b) to defendant’s breach of the restriсtive covenants, — findings as to which are not inconsistent with admission made by defendant in his answer whiсh he offered in evidence on the heаring. Moreover, the record fails to show that defendant requested or suggested other findings of fact.
As to the second assignment: The conclusions of law appear to be in kеeping with well settled general principles of law as applied in former decisiоns of this Court. See
Scott v. Gillis,
The judgment below may be aрproved aptly upon authority of these cases. Indeed, the factual situation in thе Moslems case is strikingly similar to- that in the present action, and there, as here, the employee was mаnager of the employer’s business. And in respеct thereto the Court had this to say: “It is obvious that in the performance of his duties as such mаnager, the employee acquired an intimate knowledge of his employer’s business, and had a personal association with his сustomers, which, when his employment terminated for any cause, would enable the employee, if employed by a competitоr of his employer, to injure the business of the latter. We think the covenant is reasonable in its terms and not unreasonable in time or territоry.”
Moreover, in the Beam case, supra, referring to restrictive covenant therе involved, the Court through Stacy, C. J., makes this pertinent obsеrvation: “The parties themselves when the instant contract was made, regarded the restriction as reasonable. They are dealing with a situation of which both were familiar ... It is limited both as to time and place. We cannot say that the restraint put upon defendаnt by his contract is unreasonable as prеsently applied.”
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The case of
Kadis v. Britt,
As to the third assignment: In the light of what has been said above, the exception to the signing of the judgment becomes formal.
The judgment below is
Affirmed.