HOWARD SCHULTZ & ASSOCIATES V. BRONIEC
236 S.E.2d 265 (Ga. 1977)
NATURE OF THE CASE: This was an action for injunctive relief. Schultz (P) appealed the
dismissal of an action seeking an injunction to enforce a covenant not to compete.
FACTS: Howard Schultz (P) hired Broniec (D) to audit accounts under an employment
agreement, whereby D agreed to a noncompete clause that forbade D from competing with P,
directly or indirectly, as principal, agent, employer or employee, in any capacity, in a
business which would be in competition with P. That covenant was to last for two years after
termination and would apply to all territories where P operated. D terminated employment and
P sought to enforce the covenant by injunction. P's suit was dismissed; the clause was
unenforceable because it was overbroad. P appealed; the court should rewrite the clause to
create a valid restriction.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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