In Artistic Ornamental Iron Co. v. Wilkes, 213 Ga. 654 (100 S.E.2d 731), the employee agreed that for a period of three years after the termination of the contract of employment he would not enter into the ornamental iron business or in any business competitive with that of the employer in the State of Georgia. It was there held that the contract was too indefinite as well as oppressive upon the defendant to be valid.Summary of this case from Career Girl c. Service v. Bridgewater
ARGUED OCTOBER 15, 1957.
DECIDED NOVEMBER 8, 1957.
Petition for injunction. Before Judge Hubert. DeKalb Superior Court. June 18, 1957.
Hurt, Gaines, Baird, Peek Peabody, J. Corbett Peek, Jr., Edward Ellis, for plaintiff in error.
William H. Cooper, Jr., contra.
The petition sought an injunction to prevent alleged violations of a purported contract between petitioner and defendant, the terms of which contract in brief being that defendant would install ornamental iron and like products for plaintiff on terms then to be agreed upon, that either party could terminate the contract by giving 30 days' notice, and that defendant was prohibited for a period of three years from engaging in a competitive business anywhere in the State of Georgia. The contract is too indefinite as well as oppressive upon defendant to be valid, and it was not error to dismiss the petition. Rakestraw v. Lanier, 104 Ga. 188, 194 ( 30 S.E. 735, 69 Am. St. R. 154); Hood v. Legg, 160 Ga. 620, 625 ( 128 S.E. 891); Orkin Exterminating Co. of South Ga. v. Dewberry, 204 Ga. 794, 802 (1) ( 51 S.E.2d 669); J. C. Pirkle Machinery Co. v. Walters, 205 Ga. 167 ( 52 S.E.2d 853).
Judgment affirmed. All the Justices concur.