Economy Grocery Stores Corp. v. McMenamy

• Court: United States State Supreme Judicial Court of Massachusetts
• Writing for the Court: RUGG, Chief Justice.
• Citation: 195 N.E. 747,290 Mass. 549
• Parties: ECONOMY GROCERY STORES CORPORATION v. McMENAMY.
• Decision Date: 02 May 1935

290 Mass. 549

195 N.E. 747

ECONOMY GROCERY STORES CORPORATION
v.
McMENAMY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 2, 1935

Suit in equity by the Economy Grocery Stores Corporation against John W. McMenamy. From a final decree dismissing the bill, entered by order of the judge of the superior court, plaintiff appeals.

Decree affirmed.

Appeal from Superior Court, Suffolk County; T. J. Hammond, Judge.

A. H. Grauman, of Boston (L. M. Ring, of Boston, on the brief), for plaintiff.

Edward Donovan, of Boston, for defendant. [290 Mass. 550]

RUGG, Chief Justice.

This suit is brought to enjoin the defendant, a former employee of the plaintiff, from engaging in business in violation of the provisions of a written contract signed by the defendant. The trial judge made findings of facts and entered a decree dismissing the bill. The plaintiffs appeal brings the case here. The facts found must be accepted as true since the evidence is not reported. The question to be determined is whether on those facts the decree was right. Nelson v. Wentworth, 243 Mass. 377, 137 N.E. 646; Seager v. Dauphinee, 284 Mass. 96, 98, 187 N.E. 94.

The facts relevant to the grounds of this decision are these: The defendant, on May 15, 1931, entered the service of the plaintiff as manager of the meat department of its store at Squantum. On November 10, 1932, the defendant signed an employment agreement with the plaintiff after being informed by the district supervisor of the plaintiff that such ‘ agreement would have to be signed or his employment terminated.’ This contract in writing and under seal was signed by the defendant and not by the plaintiff. It provided in part that ‘ Whereas, said Employer has agreed to employ said Employee to work for it in the conduct of its retail grocery, meat and/or food supplies business. Now, Therefore, in consideration of the employment of said Employee by said Employer and the weekly compensation now or hereafter to be paid to said Employee, said Employee agrees that: 1. He will during the term of said employment devote his entire business time and energy in behalf of said Employer. 2. He will keep secret and not divulge to any person, firm or corporation, except by express order of said Employer, the names and addresses of and/or all information concerning each and every customer of the said Employer. 3. In the event that his employment by said Employer shall terminate, whether voluntarily or involuntarily, then for a period of one (1) year commencing with the time when [195 N.E. 748] such employment shall cease-A. He will not solicit, either directly or indirectly, the grocery, meat and/or food supplies business of any customer of said Employer. * * * B. He will not, directly or indirectly, as employee, manager, proprietor, owner, co-partner, or as a [290 Mass. 551] stockholder or officer of a corporation, carry on or engage in, or be employed in or solicit any business for any branch of the grocery, meat and/or food supplies business within, a radius of two (2) miles of any store or place of business operated by said Employer in which said Employee has worked during the course of his employment by said Employer.’ The defendant performed his work pursuant to the terms of his contract faithfully, and his services were in every respect satisfactory to the plaintiff. He was discharged on February 21 or February 23, 1934, without just or adequate cause and in circumstances involving some humiliation to him. Since his discharge the defendant has received employment from his brother who has opened as store in Squantum about one hundred feet from the plaintiff's store. This employment the plaintiff seeks to enjoin by virtue of the provisions of the employment agreement. In the store opened by the defendant's brother are sold meats and some other products sold by the plaintiff's Squantum store, but it does not carry...