Franco v. Fulton Bakery
| Decision Date | 17 May 1940 |
| Docket Number | 13267. |
| Citation | 9 S.E.2d 240,190 Ga. 298 |
| Parties | FRANCO v. FULTON BAKERY, Inc. |
| Court | Georgia Supreme Court |
Fulton Bakery Inc., a corporation, made a contract with Eli Franco signed by both parties, whereby the corporation agreed to employ Franco for a term of five years as a salesman and in such capacity and at such places and for the performance of such services and duties in and about its business as it might from time to time require him to perform. Franco was to be paid $25 per week for the first month. Upon the expiration of the first month he was to draw no salary, but should receive as his compensation a commission of ten per cent. on the gross sales made by him, plus $10 per month during the next eleven months, as a bonus. After the expiration of said eleven months his compensation should be only the commission of ten per cent. upon the gross sales delivered by him. During the term of his employment he was to devote his entire time and attention exclusively to the business and interest of Fulton Bakery Inc., and he was to perform to the entire satisfaction of the employer such duties as may be assigned to him, and he was to further enhance and develop the business interest and welfare of his employer, and obey all its rules and regulations. During the period of eighteen months after the termination of the employment, 'either by the expiration of the term of said employment under this contract, or for any other cause whatsoever,' he was not directly or indirectly to sell or supply any article sold to any person who had been a customer of that corporation at any time while he was employed under this contract, nor was he in any way, directly or indirectly, to solicit, divert, take away, or attempt to divert, or take away any of the custom business, or patronage of said customers; nor during said eighteen months was he, for himself or any other person firm, or corporation, to engage in or be or become interested, or be employed directly or indirectly in the territory embraced within Fulton and DeKalb Counties, Georgia, as an individual, partner, stockholder director, officer, clerk, salesman, buyer, principal, agent employee, or in any relation or capacity whatsoever in the line of business carried on by Fulton Bakery Inc., or to assist or give any information in relation to its business directly or indirectly to any one engaged, interested, or employed in any such line of business. It was further...
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Water Services, Inc. v. Tesco Chemicals, Inc.
...As in the instant case, the originality lay in the combination of readily available components. Similarly in Franco v. Fulton Bakery, Inc., 1940, 190 Ga. 298, 9 S.E.2d 240, the Court approved a covenant of an employee not to "be employed directly or indirectly * * * as an individual, partne......