Opinion

A. E. P. Industries, Inc. v. McClure

  • 58 N.C. App. 155
  • 293 S.E.2d 232
  • 1982 N.C. App. LEXIS 2746
Court
Court of Appeals of North Carolina
Filed
Jul 6, 1982
Status
Published
Author
Webb
On the bench
Clark, Webb
Cited by
3 cases

Reversed on other grounds by A.E.P. Industries, Inc. v. McClure, 308 N.C. 393 (1983)

The opinion

Judge WEBB

dissenting.

I dissent from the majority. The record shows that the defendant voluntarily entered into a contract with the plaintiff under the terms of which he would not compete with the plaintiff within a certain geographic area and for a prescribed time. The majority does not question the reasonableness of the time and area. He later changed his employment with the plaintiff and for a substantial consideration, he signed a new contract in which he again agreed not to compete within the same area and for the same time. The defendant was not required to sign this contract and I believe it is error for us to say he does not have to abide by it. That will be the effect if the - plaintiff is limited to money damages which it may or may not be able to prove, and which it might not be able to collect if it gets a money judgment.

The majority relies on the failure of the plaintiff to show damages. That is one reason I think the injunction should issue. It is difficult to prove damages in this type of case and yet we know the plaintiff could suffer substantial damages. I believe the effect of the majority opinion is to allow the defendant to flaunt the terms of a contract to which he freely assented. This I would not do. I vote to reverse.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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