281 N.W.2d 280 (Iowa 1979), 62616, Tasco, Inc. v. Winkel

Docket Nº62616.
Citation281 N.W.2d 280
Party NameTASCO, INC., Appellant, v. Eldon WINKEL, Appellee.
Case DateJuly 25, 1979
CourtSupreme Court of Iowa

Page 280

281 N.W.2d 280 (Iowa 1979)

TASCO, INC., Appellant,

v.

Eldon WINKEL, Appellee.

No. 62616.

Supreme Court of Iowa.

July 25, 1979

C. Carleton Frederici, Patricia A. Shoff, and Steven L. Nelson of Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, for appellant.

David J. Price of Price, Correll & Sheerer, Cedar Falls, for appellee.

Considered by LeGRAND, P. J., and REES, HARRIS, ALLBEE, and McGIVERIN, JJ.

LeGRAND, Justice.

This matter is here for determination as to whether the trial court was right in granting defendant a summary judgment on plaintiff's claim for breach of an employment contract containing a covenant not to compete. We reverse and remand for trial on the merits.

Defendant was an employee of Tasco. Five years after he was first employed by that corporation, he signed an agreement he would not compete with his employer anywhere in the United States for a period of one year after leaving its employ. He allegedly violated this provision by associating with a competitor doing business in the

Page 281

same locality immediately after leaving Tasco. This suit followed, asking both injunctive relief and damages.

The covenant in question is here set out:

For a period of 12 months after termination of the employment of the undersigned Employee, the Employee will not within the United States of America directly or indirectly own, manage, operate, control, be employed by, participate in, or be connected in any manner with the ownership, management, operation, or control of any business similar to the type of business conducted by Tasco, Inc. at the time of the termination of employment of the Employee.

Defendant left Tasco's employ on April 15, 1978. On April 17, 1978, he began new employment with Duane Wessels, Inc. Tasco's business was located in Shell Rock. Duane Wessels, Inc. operated out of Cedar Falls just 20 miles away. Duane Wessels had been president of Tasco until March 16, 1978. The ultimate question is whether the covenant set out above is valid and enforceable. We have recognized the validity of such a covenant "if it is reasonably necessary for the protection of the employer's business and is not unreasonably restrictive of employee's rights nor prejudicial to the public interest." Ehlers v. Iowa Warehouse Co., 188 N.W.2d 368, 369 (Iowa 1971).

Defendant filed a motion for summary judgment, alleging "there is...

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31 practice notes
  • 364 N.W.2d 226 (Iowa 1985), 83-343, Clark v. Mincks
    • United States
    • Iowa Supreme Court of Iowa
    • March 20, 1985
    ...documentation in the case which was before the district court. Viewing that documentation in plaintiffs' favor, Tasco, Inc. v. Winkel, 281 N.W.2d 280, 282 (Iowa 1979), findings could be made that Nancy Mincks began drinking about noon on October 1st before she came to the cookout, and then ......
  • 300 N.W.2d 104 (Iowa 1981), 64492, Barnhill v. Davis
    • United States
    • Iowa Supreme Court of Iowa
    • January 14, 1981
    ...judgment, we view the facts in the entire record in the light most favorable to the party opposing the motion. Tasco, Inc. v. Winkel, 281 N.W.2d 280, 282 (Iowa 1979). Summary judgment is proper only where there is no genuine issue of material fact and the moving party is entitled to judgmen......
  • 329 N.W.2d 422 (Iowa 1983), 67261, Cowman v. Hornaday
    • United States
    • Iowa Supreme Court of Iowa
    • January 19, 1983
    ...different inferences from them." Enochs v. City of Des Moines, 314 N.W.2d 378, 379-80 (Iowa 1982) (quoting Tasco, Inc. v. Winkel, 281 N.W.2d 280, 282 (Iowa 1979)). Another matter we have mentioned above deserves comment. Plaintiff's allegations charging assault and battery would be app......
  • 380 N.W.2d 684 (Iowa 1986), 84-868, Schermer v. Muller
    • United States
    • Iowa Supreme Court of Iowa
    • January 15, 1986
    ...General principles governing that determination can more easily be repeated than applied. We concisely stated in Tasco, Inc. v. Winkel, 281 N.W.2d 280 (Iowa 1979): The trial court (and this court on review) must look at the whole record in the light most favorable to the one against whom th......
  • Request a trial to view additional results
28 cases
  • 364 N.W.2d 226 (Iowa 1985), 83-343, Clark v. Mincks
    • United States
    • Iowa Supreme Court of Iowa
    • March 20, 1985
    ...documentation in the case which was before the district court. Viewing that documentation in plaintiffs' favor, Tasco, Inc. v. Winkel, 281 N.W.2d 280, 282 (Iowa 1979), findings could be made that Nancy Mincks began drinking about noon on October 1st before she came to the cookout, and then ......
  • 300 N.W.2d 104 (Iowa 1981), 64492, Barnhill v. Davis
    • United States
    • Iowa Supreme Court of Iowa
    • January 14, 1981
    ...judgment, we view the facts in the entire record in the light most favorable to the party opposing the motion. Tasco, Inc. v. Winkel, 281 N.W.2d 280, 282 (Iowa 1979). Summary judgment is proper only where there is no genuine issue of material fact and the moving party is entitled to judgmen......
  • 329 N.W.2d 422 (Iowa 1983), 67261, Cowman v. Hornaday
    • United States
    • Iowa Supreme Court of Iowa
    • January 19, 1983
    ...different inferences from them." Enochs v. City of Des Moines, 314 N.W.2d 378, 379-80 (Iowa 1982) (quoting Tasco, Inc. v. Winkel, 281 N.W.2d 280, 282 (Iowa 1979)). Another matter we have mentioned above deserves comment. Plaintiff's allegations charging assault and battery would be app......
  • 380 N.W.2d 684 (Iowa 1986), 84-868, Schermer v. Muller
    • United States
    • Iowa Supreme Court of Iowa
    • January 15, 1986
    ...General principles governing that determination can more easily be repeated than applied. We concisely stated in Tasco, Inc. v. Winkel, 281 N.W.2d 280 (Iowa 1979): The trial court (and this court on review) must look at the whole record in the light most favorable to the one against whom th......
  • Request a trial to view additional results
1 firm's commentaries
  • Summary of Covenants Not To Compete: A Global Perspective
    • United States
    • JD Supra United States
    • January 4, 2011
    ...within ten miles of any town in which former employee performed services for the company found reasonable); (c) Tasco, Inc. v. Winkel, 281 N.W.2d 280 (Iowa 1979) (covenant prohibiting allegedly key employee from competing with his employer anywhere within the United States for one year held......