WORTH CHEMICAL CORPORATION v. Freeman

Supreme Court of North Carolina

WORTH CHEMICAL CORPORATION v. Freeman

136 S.E.2d 118, 261 N.C. 780, 1964 N.C. LEXIS 586

CourtSupreme Court of North Carolina

DecidedMay 6, 1964

Docket598

StatusPublished

Cited by7 cases

This text of 136 S.E.2d 118 (WORTH CHEMICAL CORPORATION v. Freeman) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

WORTH CHEMICAL CORPORATION v. Freeman, 136 S.E.2d 118, 261 N.C. 780, 1964 N.C. LEXIS 586 (N.C. 1964).

Pincite

Opinion

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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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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Bluebook (online)

136 S.E.2d 118, 261 N.C. 780, 1964 N.C. LEXIS 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worth-chemical-corporation-v-freeman-nc-1964.

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