Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-10-09

Jumper, assisting teamsters OF
Stephenson in loading and unloading
the teams engaged in the trucking
business He had been so employed
for about two weeks when the plaintiff
brought this bill in equity, asking that
he he "enJoined and restrained, during
the tendency of the suit and during
the remainder Of the term OF five years
yet TO elapse. as specified in said
agreement, from carrying on either
alone. or Jointly with, or as agent or
servant of any person or persons. or
agent, director or servant OF any other
company, or otherwise directly or in
| directly, so assist III carrying on any
business of similar nature TO the hasi-
ness transferred by him 10 the plain
tilt at said Portland"
1t is customary and oftentimeS nee
essary that person purchasing the
] business Of another, with the good will
that should follow the transa elton, en-
ters into an agreement with the seller
whereby the seller is restricted from
engaging in similar business within
specified districts. If these agreements
arc not made the seller. If he sees fit,
can immedia tely begin business upon
his own account, or in the employ
ment OF a rival Of the purchaser and
completely destroy the good which
he has sold and for which he has re-
cefyed a valuable consideration. When
an agreement of this kind is made for
a sufficient consideration. (Which is not
questioned in this case). the parties
are bound by it, and cannot do indi-
rectly what they have no right to do
directly.
In this case the defendant is en-
ployeG as a servant of a business rtv-
al of the plaintiff, and by being in the
employment of Il rival Will influence,
to 4 greater or less extent, some OF
his former customers vino should now
be the customers of the plaintiff, To
employ the rival of the plaintiff II is
but Just that the parties to an agree
ment of this kind, entered into FOR q
valable consideration, should not only
live up to the letter of the agreement,
! hut also TO it's spirit 1t is so easy for
one to indirectly, by word or conduct,
utterly destroy the goodwill of bus
mess which lie has sold, and which
another in good faith has purchased.
4 adequate damages for which, owing to
/ the rules of Law governing the ASSESS
ment of damages, cannot be awarded.
that equity carefully serutinizes the
conduct of the seller and II, directly
] or Indirectly, he so conducts himself
that his agreement not TO engage In
the business is violated. promptly re-
strains with its writ OF injunction fur
Their acts that tend to take from the
purchaser the rights that he acquired
! by purchase from the seller. Good
faith upon the part of the defendant
required that he should not, by word
Or conduct directly or indirectly. OBJ
! tain business for competitors of the
| plaintiff within the territory named
| in the agreement or directly or indi-
rectly, give the public within that ter
ritory 20 understand that he was still
| engaged, for himself or In the en-
! ployment OF another, in the same bus
| mess he had agreed not to engage in
for the period mentioned in the agree
ment. This the defendant has not done,
but. according to the agreed state
meRt, he has directly violated, and at
the time this bill WAS filed, by his con-
duet and employment was violating
both the letter and the spirit of the
agreement Equity does not sanction
such conduct. The defendant should
neither directly nor indirectly violate
his agreement
Bill sustained with cost. Injunction
to issue as prayed for.