Simms v. Burnette

• Decision Date: 05 March 1908
• Citation: 46 So. 90,55 Fla. 702
• Parties: SIMMS v. BURNETTE.
• Court: Florida Supreme Court

46 So. 90

55 Fla. 702

SIMMS v. BURNETTE.

Florida Supreme Court, Division A.

March 5, 1908

Appeal from Circuit Court, Duval County; Rhydon M. Call, Judge.

Bill by Robert W. Simms against Charles B. Burnette. Decree for defendant, and complainant appeals. Affirmed.

Syllabus by the Court

SYLLABUS

A breach of contract for ordinary personal service is fully remediable at law.

Equity will not enjoin a breach of contract of a bookkeeper not to engage in the liquor business in the state, in the absence of some special equity, involving good will, peculiar intellectual or other skill or capacity, secret process of business, or other recognized ground.

The knowledge acquired by a bookkeeper as to where and what his employer buys and to whom he sells does not authorize an injunction against a breach of contract not to enter into similar business; there being no trade secret or secret process involved.

Difficulty in detecting all the violations of a contract and alleged insolvency of the defendant do not make out an equity for injunction upon an original bill.

COUNSEL Jno. E. Hartridge, for appellant.

Bryan &amp Bryan, for appellee.

OPINION

COCKRELL J.

This is an appeal from an order sustaining a demurrer to a bill praying that Burnette be enjoined from engaging in the liquor business in the state of Florida.

The allegations of the bill show that Burnette, a drug clerk in Asheville, N. C., was employed as bookkeeper by Simms, an extensive wholesale liquor dealer in Jacksonville, the terms of the contract being embodied in the two letters here set out:

'April 9th, 1906.

'Mr C. B. Burnette, Asheville, N. C.

'Dear Sir: I will be pleased to have you enter my employ as bookkeeper. I will pay you a salary of one hundred dollars per month for a period of two years from May 1, 1906.

'You are to give your entire time to my business, and to perform same in a satisfactory manner, and, in the event of you ever leaving me for any cause, you to agree to never enter into the liquor business with any other firm in the state of Florida.

'I would like you to report at my office for duty as soon as possible, but in no event not later than May 1, 1906.

'Yours truly,

[Signed] Robt. W. Simms.'

'Mr. Robt. W. Simms, Jacksonville, Fla.

'Dear Sir: I hereby accept the above proposition, and will make every effort to perform my duties to your satisfaction. I will arrange to be on hand ready for work as soon as possible, and in no event not later than May 1, 1906.

'Respectfully,

'[Signed] Chas. B. Burnette.' The inducement for the insertion of the negative clause in the contract is set forth by the pleader in the ninth paragraph of the bill.

'(9) That your orator, mindful of the damage and hurt that would come to him if he, the said Charles B. Burnette, after becoming familiar with his business and the names of dealers from whom he purchased, and of his patrons and customers and their addresses, should leave his service and engage in the liquor business for himself or with another, or as the clerk or agent of another, or with any other firm in the state of Florida, was moved by such consideration to insist that the contract of employment entered into by and between said Charles B. Burnette and your orator should contain a clause of a character to protect your orator as against the use of any information, knowledge, and experience which the said Charles B. Burnette might gain while in your orator's service, and to that end, and in consideration of the employment of said Charles B. Burnette by your orator for the term of two years at a salary of twelve hundred dollars per year, the said Burnette consented...