Tasty Box Lunch Co. v. Kennedy, 60-176
Decision Date | 06 June 1960 |
Docket Number | No. 60-176,60-176 |
Citation | 121 So.2d 52 |
Court | Florida District Court of Appeals |
Parties | TASTY BOX LUNCH CO., Inc., a Florida corporation, Appellant, v. Mary KENNEDY, a/k/a Molly Kennedy, Appellee. |
Andrew Psalidas and Bernard B. Weksler, Miami, for appellant.
Burton B. Loebl, Miami Beach, for appellee.
This is an interlocutory appeal from an order of the chancellor denying Tasty's application for a temporary injunction. The complaint alleged that Kennedy, a former employee of Tasty, was breaching an employee agreement not to compete for a period of six months with Tasty in a certain territory or route last worked by her during her employment. The employee was asked to sign the employment contract after she had been working for Tasty for some three months because a competing catering firm was offering drivers a guarantee of $100 a week. Agreements of the type made in this case are enforceable in Florida under section 542.12 Fla.Stat., F.S.A
In denying the injunction the chancellor held in part:
'Accordingly, the application for a temporary injunction is Denied.'
The Atlas case appears to be controlling in this instance. Inasmuch as the employment was a continuing contract terminable at the will of the employer or the employee, the continued employment and agreement to pay commissions was consideration for the employee's agreement...
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