Public Laundries v. Taylor, 9488.

• Decision Date: 26 March 1930
• Docket Number: No. 9488.,9488.
• Citation: 26 S.W.2d 1085
• Parties: PUBLIC LAUNDRIES, Inc. v. TAYLOR.
• Court: Texas Court of Appeals

26 S.W.2d 1085

PUBLIC LAUNDRIES, Inc. v. TAYLOR.

No. 9488.

Court of Civil Appeals of Texas. Galveston.

March 26, 1930.

Appeal from District Court, Harris County; Ewing Boyd, Judge.

Suit by the Public Laundries, Inc., against R. J. Taylor. From an adverse judgment, plaintiff appeals.

Affirmed.

Fulbright, Crooker & Freeman and W. B. Bates, all of Houston, for appellant.

Morris, Sewell, Taylor & Morris, of Houston, for appellee.

LANE, J.

Public Laundries, Inc., instituted this suit in the Fifty-Fifth district court of Harris county on the 20th day of February, 1930, praying for the issuance of an injunction to restrain R. J. Taylor "from calling for and delivering laundried or unlaundried goods to persons who have been customers of plaintiff, either for himself or for other persons or companies; that he be restrained from, either for himself or for other persons or companies, calling for and delivering laundried and unlaundried goods to persons served or supplied by defendant during the term he was employed under the contract with plaintiff; that defendant be restrained from, either for himself or for any other persons or companies, soliciting, diverting, taking away, and/or attempting to solicit, divert, or take away, either directly or indirectly, any of the customers or business or patronage of such customers of plaintiff; that defendant be restrained, either for himself or for any other person or companies, from engaging either directly or indirectly in the laundry business or from calling for or delivering laundried or unlaundried goods in those sections of the City of Houston bounded on the North by the S. A. & A. P. tracks at Main Street, on the east by and including Main Street, on the South by and including Bellaire, and on the West by the S. A. & A. P. Railway tracks, and that on final hearing said injunction be made permanent and binding upon defendant effective until six months from February 15, 1930, but that until hearing as to whether said injunction be made permanent, a temporary restraining order be issued restraining the defendant from any and all of the acts complained of."

The plaintiff attached to and made part of its petition a copy of a contract entered into between it and defendant Taylor, of date February 15, 1929, reading as follows:

"This Agreement, made this 15th day of February, A. D. 1929, between Public Laundries, Inc., of Houston, Texas, the party of the first part, and Robert J. Taylor, of Houston, Texas, party of the second part.

"Witnesseth: That, whereas, the said party of the first part is engaged in the laundry business and have built up and established an extensive trade therein, and

"Whereas, each of the servants, employed by the said party of the first part, to call for and deliver laundried and unlaundried goods to its customers, is in a large measure enabled by such employment, to discover and acquire its methods of business in doing such laundry work and collecting therefor, and to become skilled in such business and in such territory (commonly known as laundry route) as may be entrusted to him from time to time; and

"Whereas, said party of the second part is desirous of entering the employ of said party of the first part and thereby acquiring their methods of business;

"Now, therefore, in consideration of the premises and the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

"Said party of the first part does hereby employ said party of the second part to call for and deliver laundried and unlaundried goods, and to perform such other duties as they may require of him, and to agree to pay him twenty ($20.00) dollars per week and then 20% commission on all business he handles, over $100.00 each week, and such additional wages, if any, as may from time to time be agreed upon.

"Said party of the second part hereby agrees that he will use all diligence in his power to make and keep trade for said party of the first part, and that he will faithfully work for said party of the first part, drive laundry wagons, call for and deliver laundried and unlaundried goods, collect for same, daily turn over to the said party of the first part, all money collected, keep a just and true account with all customers, and with his said employer, and promptly do and perform any other things pertaining to the business of said party of the first part, as he may be directed by _________.

"The said party of the second part also agrees that he will not at any time while he is in the employ of said party of the first part, or within 6 months after leaving their service, for himself, or any other person, persons or company, call for and deliver laundried and unlaundried goods, to any person or persons who...