221 Ga. 223 | Ga. | 1965
This is an action to enjoin alleged violations of a negative restrictive covenant in an employment- contract brought against three named defendants and a corporation. The petition alleges one of the defendants was a former employee who had executed contracts containing the restrictive covenant not to engage, directly or indirectly, for himself or as agent or employee of another in the manufacture, selling or buying of printed forms or supplies
This case is controlled by Kessler v. Puritan Chemical Co., 213 Ga. 845 (102 SE2d 495), in that the petition which alleges a cause of action against the defendant who was a party to the contract based on a valid consideration, reasonable as to time and area and not otherwise unreasonable, fails to allege a cause of action against the defendant corporation and other defendants competing against the plaintiff, none of whom are parties to the contract and who in free enterprise are entitled to obtain any and all information available to them lawfully to actively compete in their field of endeavor under the American system of free enterprise, the petition failing to show any malicious tortious acts on their part to cause the defendant former employee to violate his contract. Likewise, the evidence was sufficient to show the defendant former employee had admittedly violated his contract and should be enjoined as prayed. Thus the lower court erred in failing to sustain the demurrers as to all of the defendants except the former employee and in failing to temporarily enjoin him from violating his former contract of employment.
Judgment reversed in part and affirmed in part, both as to the main bill and cross bill of exceptions.