The injury must be both certain and great, and it must be actual rather than theoretical. Economic injuries are not irreparable because they can be remedied by damages at law. A relative deterioration of competitive position does not in itself suffice to establish irreparable injury. Merrill Lynch , supra . In the present case, plaintiffs have alleged a single breach of the noncompetition agreement in the sale of one flying shear cutoff machine to a known customer.
Any damages suffered by plaintiffs as a result of that sale are easily calculable.
In cases where courts have extended a covenant not to compete as a remedy for a breach, the breach has consisted of continuous and systematic activity in violation of the agreement. Moreover, we conclude that the trial court erred because, in granting the preliminary injunction, it granted plaintiffs the relief that they would be entitled to if they prevail in a trial on the merits. See Campau , supra . The extension of the noncompetition agreement past its expiration date imposes an injury on defendants that cannot be undone if they should prevail at trial. While there may be circumstances in which the breach of a noncompetition agreement warrants preliminary injunctive relief, we conclude that such a situation is not presented in the instant case.