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PLUNKETT CHEMICAL COMPANY v. REEVE (04/13/53)

April 13, 1953

PLUNKETT CHEMICAL COMPANY
v.
REEVE, APPELLANT



Appeal, No. 298, Jan. T., 1952, from order of Court of Common Pleas No. 2 of Philadelphia County, June T., 1952, No. 7647, in case of Plunkett Chemical Company v. Lester G. Reeve, Jr. Order affirmed.

COUNSEL

Horace M. Barba, for appellant, submitted a brief.

Robert G. Kelly and William R. Deasey, for appellee, submitted a brief.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Arnold

[ 373 Pa. Page 514]

OPINION BY MR. JUSTICE ARNOLD

This is an appeal by the defendant from the granting of a preliminary injunction.

The plaintiff was engaged in the business of dealing in insecticides, disinfectants cleaners, polishers, and equipment used in connection therewith, sanitation services and matters incidental thereto. The defendant was employed under a written contract as salesman, maintenance technician and service supervisor, devoting his entire time to the business of the employer until June 30, 1952, when he gave 30 days' notice of his intention to terminate the agreement in accordance with paragraph (1) thereof. The contract had specified the area for his operations, which was extended to additional areas by riders.

Within a month thereafter the defendant set up a like business in the City of Philadelphia, which was the principal place where his services were to be performed, and admittedly began active competition with the plaintiff.

The agreement under which the defendant was employed contained as paragraph (8) the following: "Second party agrees that upon the termination of this agreement in accordance herewith... he will not directly

[ 373 Pa. Page 515]

    or indirectly, within a period of one year thereafter, engage in the same or similar line of business as that now carried on by first party, or engage to work for any individual, firm or corporation engaged in such line or similar line of business."

On this appeal the defendant contends that since this stipulation contains no limitation on the area or space covered ...


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