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BASIC FOODS SALES CORP. v. MOYER

June 8, 1944

BASIC FOODS SALES CORPORATION
v.
MOYER et al.



The opinion of the court was delivered by: GIBSON

The court, after hearing and consideration, makes the following Findings of Fact and Conclusions of Law:

Findings of Fact

 1. Plaintiff, Basic Foods Sales Corporation, is a corporation incorporated under the laws of the State of New York, with its principal office in Jersey City, New Jersey.

 2. The defendants, Samuel P. Moyer and Louis D. Mallet, are both residents of Allegheny County, Pennsylvania, the former being a resident of Bethel Township and the latter of the City of Pittsburgh.

 3. Plaintiff corporation is engaged in the business of selling and servicing commercial icing bases.

 4. Plaintiff corporation is engaged in business practically all over the United States, selling its product throughout all of the states of New England, New York and eastern Pennsylvania, selling its product throughout the south from Texas to Maryland, throughout the mid-western states including western Pennsylvania, Ohio, Michigan, Indiana, Illinois, Iowa, Missouri, Wisconsin, Nebraska and Minnesota, its business extending to the West Coast in the states of California and Oregon.

 5. The sale and servicing of icing bases as carried on by the plaintiff requires extensive technical knowledge and training on the part of the sales and servicing representative, and it requires from six months or more to impart this knowledge and training to the sales and servicing representative at considerable cost and expense to the employer.

 6. The defendant, Samuel P. Moyer, was employed by the plaintiff corporation as salesman and serviceman continuously from August 1936 until he resigned October 25, 1943.

 7. The written contract of employment between the plaintiff corporation and Moyer was dated July 1, 1943, said contract of employment providing, inter alia:

 "First: The emyloyer hereby hires the employee, and the employee agrees to work for the employer as a salesman and serviceman of its Frost-O-Fast products, consisting of icing bases and other commodities now marketed and/or hereafter to be marketed and/or dealt in by the employer."

 * * *

 "Third: The employee agrees:

 "(a) That he will devote all of his time and attention to the performance of his duties as such salesman and serviceman, subject to the direction and control of the employer, and that he will serve the employer diligently and to the best of his ability."

 * * *

 "Fifth: In the event of a cancellation of this agreement, however brought about, the employee covenants and agrees that during the period of one year after such cancellation or termination he will not sell or act in any other way connected with dealing in, either directly or indirectly, any product or products which can be reasonably considered as competing with those of the employer, but this shall in no way restrict the employee from selling any other non-competing products, even when sold to the same trade."

 * * *

 "Sixth: The employee agrees and covenants that he will return to the employer forthwith upon cancellation or other termination of this agreement all of the sales equipment furnished by the employer and all data and records in his possession concerning his activities in the territory and routes assigned to him while in the employ of the employer."

 8. After defendant Moyer's employment with the plaintiff corporation in 1936 and until his resignation in October 1943, defendant Moyer represented the plaintiff corporation as serviceman and salesman of its icing bases to the commercial baking trade and traveled extensively in the territory assigned to him, consisting of ten states, namely, that part of Pennsylvania west of Altoona, ...


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