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

> Court of Appeals of North Carolina · July 6, 1982 · 58 N.C. App. 155

URL: https://www.frixlaw.com/law-library/cases/9588005

## Case

- **Full name:** A. E. P. INDUSTRIES, INC. v. R. BRUCE McCLURE
- **Court:** Court of Appeals of North Carolina
- **Decided:** July 6, 1982
- **Citations:** 58 N.C. App. 155; 293 S.E.2d 232; 1982 N.C. App. LEXIS 2746
- **Precedential status:** Published
- **Opinion:** Dissent by Webb
- **Judges:** Clark, Webb
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by A.E.P. Industries, Inc. v. McClure, 308 N.C. 393 (1983).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9588005

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9588005. Public record. Not legal advice.