Jones v. Primrose Dry Cleaning Co. Inc, 10582.

• Decision Date: 20 September 1935
• Docket Number: No. 10582.,10582.
• Citation: 181 S.E. 577,181 Ga. 103
• Parties: JONES. v. PRIMROSE DRY CLEANING CO., Inc.
• Court: Georgia Supreme Court

181 Ga. 103

181 S.E. 577

JONES.

v.PRIMROSE DRY CLEANING CO., Inc.

No. 10582.

Supreme Court of Georgia.

Sept. 20, 1935.

Syllabus by Editorial Staff.

Error from Superior Court, Fulton County; John D. Humphries, Judge.

Petition for injunction by the Primrose Dry Cleaning Company, Inc., against H. L. Jones and another. To review an interlocutory judgment granting an injunction, named defendant brings error.

Affirmed.

Ezra E. Phillips and W. P. Middle-brooks, both of Atlanta, for plaintiff in error.

Noah J. Stone, John L. Cone, and John F. Echols, all of Atlanta, for defendant in error.

Syllabus Opinion by the Court.

ATKINSON, Justice.

The exception is to an interlocutory judgment enjoining an employee and his confederate from carrying on a competitive business after termination of the employment for a limited time in defined territory, in violation of the contract of employment. The suit was instituted by an assignee of the contract, which did not expressly state that the restrictive agreement was enforceable by an assignee. On application of the principles ruled in National Linen Service Corporation v. Clow-er, 179 Ga. 136, 175 S. E. 460, to the pleadings and evidence, the court did not err in upholding the contract and, on conflicting evidence, granting the injunction.

Judgment affirmed.

All the Justices concur.