Worth Chemical Corp. v. Freeman, 598

Decision Date06 May 1964
Docket NumberNo. 598,598
Citation136 S.E.2d 118,261 N.C. 780
CourtNorth Carolina Supreme Court
PartiesWORTH CHEMICAL CORPORATION, v. Duane S. FREEMAN, Jr., and Cardinal Products, Incorporated.

Forman, Zuckerman & Scheer, Greensboro, for plaintiff.

Nick Galifianakis, Durham, for defendant.

PER CURIAM.

At the time the relationship of employer and employee was established between the plaintiff and defendant Freeman on September 1, 1960, no written contract evidenced a covenant restricting Freeman's right to engage in competitive employment. To be enforceable such a covenant must be (1) in writing, (2) supported by a valid consideration, and (3) reasonable as to terms, times and territory. The written contract of September 16, 1960 was a new contract without a new consideration. This case is controlled by Greene v. Kelley, 261 N.C. 166, 134 S.E.2d 166. Judge Phillips correctly declined to issue the injunction. His judgment is

Affirmed.

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8 cases
  • RLM Commc'ns, Inc. v. Tuschen, 5:14–CV–250–FL.
    • United States
    • U.S. District Court — Eastern District of North Carolina
    • November 7, 2014
    ...2007,” in itself, does not alter the execution and thus completion of the employment agreement on June 5, 2007.Worth Chemical Corp. v. Freeman, 261 N.C. 780, 136 S.E.2d 118 (1964), is a useful case for comparison. There, a corporation engaged defendant as a salesman on September 1, 1960. Id......
  • Battleground Veterinary Hospital, P.C. v. McGeough
    • United States
    • Superior Court of North Carolina
    • October 19, 2007
    ...a new job assignment." Whittaker Gen. Med. Corp. v. Daniel, 324 N.C. 523, 527, 379 S.E.2d 824, 827 (1989) (citing Chemical Corp. v. Freeman, 261 N.C. 780, 136 S.E.2d 118 (1964)). {63} Nevertheless, if a covenant not to compete "is a part of an original verbal employment contract, it will be......
  • Reynolds and Reynolds Co. v. Tart
    • United States
    • U.S. District Court — Western District of North Carolina
    • February 12, 1997
    ...already exists must be supported by new consideration, such as a raise in pay or a new job assignment. Worth Chemical Corp. v. Freeman, 261 NC. 780, 136 S.E.2d 118 (1964). If the covenants here were found to have been agreed to after the Defendants began their employment, they would fail fo......
  • Seaboard Industries, Inc. v. Blair
    • United States
    • North Carolina Court of Appeals
    • February 3, 1971
    ...question concerning consideration. Defendant relies upon Greene Co. v. Kelley, 261 N.C. 166, 134 S.E.2d 166, and Worth Chemical Corp. v. Freeman, 261 N.C. 780, 136 S.E.2d 118. Both of these cases involved new contracts, entered after employment, which were not based upon any new or addition......
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