Whiting Milk Cos. v. Grondin

• Decision Date: 20 February 1933
• Citation: 184 N.E. 379,282 Mass. 41
• Parties: WHITING MILK COMPANIES v. GRONDIN et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

282 Mass. 41

184 N.E. 379

WHITING MILK COMPANIES

v.GRONDIN et al.

Supreme Judicial Court of Massachusetts, Suffolk.

Feb. 20, 1933.

Appeal from Superior Court, Suffolk County; Whiting, Judge.

Suit by the Whiting Milk Companies against Walter Grondin and another. From a decree in favor of plaintiff, defendants appeal.

Decree modified, and, as modified, affirmed.

C. A. Parker, of Boston, for appellants.

E. L. Twomey, of Boston, for appellee.

LUMMUS, Justice.

The defendant Grondin was a member of Milk Wagon Drivers and Creamery Workers Union Local No. 380, and as such was employed by the plaintiff as a driver delivering milk at wholesale under a written agreement between the union and the plaintiff of which article ten was as follows: ‘Each man employed under this agreement covenants and agrees with the employer that should such man's employment cease for any reason during the term of this agreement and for ninety (90) days thereafter, he will not, by himself, by agents, or as the servant or agent of another, interfere with the business of said employer or sell milk, cream or other dairy products to any customer of said employer for a period of ninety (90) days from the cessation of said employment.’ The defendant Grondin was familiar with this provision of the agreement. He was discharged on February 2, 1932.

On February 25, 1932, he was employed for similar work by the defendant Lyndonville Creamery Association, a Vermont corporation, and by solicitation induced some of the customers of the plaintiff to transfer their patronage to his new employer in February and March, 1932. On March 3, 1932, the plaintiff called the attention of the defendant corporation to the agreement and to its violation, but the violation continued, to the profit of the defendant corporation. The damages of the plaintiff from the breach of contract by Grondin before March 3, 1932, were assessed at $90, and such damages from acts after March 3, 1932, for which both defendants were held jointly liable, were assessed at $315. A final decree was entered against Grondin for $405 plus interest and costs, and against the defendant corporation for $315 plus interest and costs, and the decree further permanently enjoined each defendant from selling or delivering milk or milk products to certain named customers who had been induced by Grondin to transfer their custom in violation of the agreement. Both defendants appealed, but only the defendant corporation argued in this court.

The agreement was binding upon Grondin who worked under it as a member of the union. Willcox v. Arnold, 162 Mass, 577, 39 N. E. 414;Lovely v. Gill, 245 Mass. 577, 593, 594, 140 N. E. 285;Knipe Bros., Inc., v. White, 245 Mass. 577, 596, 140 N. E. 285;Cross Mountain Coal Co. v. Ault, 157 Tenn. 461, 468, 469, 9 S.W.(2d) 692;Yazoo & M. V. R. Co. v. Sideboard, 161 Miss. 4, 133 So. 669. See, also, Shinksy v. Tracey, 226 Mass. 21, 23, 114 N. E. 957, L. R. A. 1917C, 1053;Tracey v. Osborne, 226 Mass. 25, 114 N. E. 959;W. A. Snow Iron Works, Inc., v. Chadwick, 227 Mass. 382, 390, 391, 116 N. E. 801, L. R. A. 1917F, 755;Sweetman v. Barrows, 263 Mass. 349, 355, 161 N. E. 272, 62 A. L. R....