Cloverland Dairy Products Co., Inc. v. Grace
| Decision Date | 29 October 1934 |
| Docket Number | 31915 |
| Citation | 180 La. 694,157 So. 393 |
| Court | Louisiana Supreme Court |
| Parties | CLOVERLAND DAIRY PRODUCTS CO., Inc., v. GRACE |
Appeal from Civil District Court, Parish of Orleans; Wm. H. Byrnes Jr., Judge.
Suit by the Cloverland Dairy Products Company, Inc., against James A Grace. From a judgment maintaining an exception of no cause of action, and dismissing the suit, plaintiff appeals.
Affirmed.
St Clair Adams, Sr., and St. Clair Adams, Jr., both of New Orleans, for appellant.
Joseph A. Casse, of New Orleans, for appellee.
This is an appeal from a judgment maintaining an exception of no cause of action and dismissing the suit at the plaintiff's cost.
The suit is based upon a contract of employment, the pertinent provision of which is as follows:
"Said second party further expressly agrees and covenants, which agreement and covenant is hereby declared to be of the essence of this contract, that at no time during the term of his said employment or for a period of twelve months next immediately following the termination of his employment by said first party, or upon his quitting his said employment, will he, for himself, or upon behalf of any other person, persons, partnership or corporation, solicit, canvass or sell ice cream, milk or dairy products to any customer of said first party canvassed or solicited by him at any time during his employment hereunder; nor will he in any way, directly or indirectly, for himself or on behalf of or in connection with any other person, partnership or corporation, solicit, canvass, divert or take away, or attempt to solicit, canvass, divert or take away, any of such customers of said first party, during the aforesaid time, and that, upon the termination of his employment, either at the request of said first party or upon his voluntary resignation, he will immediately surrender and give up to said first party all books, papers and other data pertaining to said business or the customers and patrons of said first party, together with a complete, true and correct list of all customers in his possession, and that he will not disclose or divulge, directly or indirectly, to any other person, partnership or corporation the names or addresses of said customers."
The record discloses that about four months after the defendant's employment under the contract had terminated, this suit was filed.
The plaintiff alleges that the defendant breached the contract by soliciting business, of the character set forth therein, for a concern known as the Carnahan Creamery, and it prayed for an order temporarily restraining him from doing so and, in due course, for a preliminary injunction, and finally for a judgment perpetuating the preliminary injunction. The petition was excepted to with the result stated in the first paragraph of this opinion.
The pivotal point in the case is whether or not the...
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Standard Brands, Inc. v. Zumpe, Civ. A. No. 66-769.
...against exaction of noncompetitive agreements from employees, they were consistently held to be unenforceable. Cloverland Dairy Products v. Grace, 180 La. 694, 157 So. 393 (1943); Blanchard v. Haber, 166 La. 1014, 118 So. 117 (1928). See 27 Tul.L.Rev. 364 (1953). (In most states other than ......
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Palmer v. Chamberlin
...authorities: Louisiana Civil Code Articles 2024 and 2034; Blanchard v. Haber, 166 La. 1014, 118 So. 117; Cloverland Dairy Products Co., Inc., v. Grace, 180 La. 694, 157 So. 393; Avery v. International Trade Exhibition, 163 La. 454, 112 So. 44. We do not pass upon that contention, for we thi......
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Hill v. American Co-Op. Ass'n
... ... 66, ... 139 So. 760; Cloverland Dairy Products, Inc. v ... Grace, 180 La. 694, 157 So ... ...
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SWAT 24 Shreveport Bossier, Inc. v. Bond
...these agreements to be unenforceable. Orkin Exterminating Co. v. Foti, 302 So.2d 593, 596 (La.1974) (citing Cloverland Dairy Products Co. v. Grace, 180 La. 694, 157 So. 393 (1934) and Blanchard v. Haber, 166 La. 1014, 118 So. 117 (1928)). By Act No. 133 of 1934, the legislature enacted the ......