May 9, 1979
FRED S. JAMES & COMPANY, INC. OF PENNSYLVANIA, FRED S. JAMES & CO., INC.
ROBERT A. COX, APPELLANT
No. 214 March Term, 1978, Appeal from the Order of the Court of Common Pleas of Dauphin County, Pennsylvania, Civil Division -- Equity, entered October 3, 1978, at No. 3397 Equity Docket.
Before Spaeth, Hester and Montgomery, JJ.
MEMORANDUM IN SUPPORT OF PER CURIAM ORDER:
Appellee brought an equitable action to enforce a covenant not to compete. This is an appeal from the Chancellor's decree which ordered appellant to provide an accounting to appellee.
Appellant contests the validity of the covenant not to compete and the proper measure of damages thereto.
The covenant herein merely prevented appellant from soliciting his former employer's clients for a limited period of time. This narrowly drawn covenant we find completely in accord with the law. See Jacobson v. International Environment, 427 Pa. Pa. 439 A.2d (1967).
The measure of damages was explicitly provided for in the employment contract and in absence of any allegation of fraud in the making or any showing of unenforceability, appellant is bound by its terms.
Order of the lower court affirmed.
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