Nettles v. City Ice & Fuel Co.

• Decision Date: 30 January 1935
• Citation: 118 Fla. 345,160 So. 42
• Court: Florida Supreme Court
• Parties: NETTLES v. CITY ICE & FUEL CO.

160 So. 42

118 Fla. 345

NETTLES v. CITY ICE & FUEL CO.

Florida Supreme Court, Division B.

January 30, 1935

Suit by the City Ice & Fuel Company, an Ohio corporation, against J L. Nettles. Plaintiff's motion for a temporary restraining order was granted, and defendant appeals.

Reversed. Appeal from Circuit Court, Dade County; Uly O Thompson, judge.

COUNSEL

Raymond O. Burr, of Miami, for appellant.

J. M. McCaskill, of Miami, for appellee.

OPINION

PER CURIAM.

This case is of like character to that of Love et al. v. Miami Laundry Company (Fla.) 160 So. 32, decided on rehearing at this term of the court.

Bill of complaint was filed and temporary restraining order applied for. Nettles filed affidavit on hearing. Temporary restraining order was granted as follows:

'Ordered, adjudged and decreed that the defendant, J. L. Nettles, be, and he is hereby temporarily restrained and enjoined from divulging to any person, firm or corporation, the names and/or addresses of, or any information concerning any customers of the complainant, The City Ice and Fuel Company, an Ohio Corporation; and it is further.

'Ordered, adjudged and decreed that the defendant, J. L. Nettles, his servants, agents and employees, be and they are hereby temporarily restrained and enjoined from delivering ice to any person or persons who have been customers of The City Ice and Fuel Company and who have been supplied by the defendant during any time he was employed by said The City Ice and Fuel Company, and from in any way, directly or indirectly, on his own behalf or in behalf of any other person, firm or corporation, soliciting, diverting or taking away or attempting to solicit, divert, or take away any of the custom, business or patronage of any customer of said The City Ice and Fuel Company, formerly supplied or served by the defendant during his employment by said company, and it is further.

'Ordered, adjudged and decreed that his order shall remain in full force and effect until the further order of this court, but shall take effect only upon the complainant entering into a good and sufficient bond to be approved by the Clerk of the above named court, payable to the defendant in the sum of $1,000.00, conditioned to pay all costs and damages which the defendant may sustain in consequence of improperly suing out of said writ of injunction by complainant.'

Petition for rehearing was filed and denied.

Appeal was entered from the order.

The contract in this case was not signed by the ice company. The contract recites as follows:

'That, whereas, The First Party is engaged in the business, among other things, of the manufacture, sale and delivery of ice, both at wholesale and retail; and,

'Whereas, simultaneously with the execution of this agreement, the Second Party will be employed by the First Party, and,

'Whereas, The duties of the Second Party among other things, will include the delivery of ice for the First Party, and the solicitation of new business and new customers for the First Party;

'Now therefore, In Consideration of the employment of the Second Party by the First Party, and of the sum of One dollar ($1.00) in hand paid to the Second Party by the First Party, the receipt whereof is hereby acknowledged, the Second Party covenants and...