In RE SOLAR TEXTILES CO. v. Fortino

Solar Textiles seeks to restrict the individual defendant Ealph Fortino, Jr., from engaging in the sale of grille cloth, and the corporate defendant Duraerest Fabrics from continuing him in its employ. The court granted defendants’ motions to strike the complaint and dismiss the suit, and refused to issue a permanent injunction. No evidence was taken. Plaintiff appeals.

On November 27, 1962 plaintiff filed a complaint for injunction basing its suit upon an employment contract entered into between it and Fortino on June 19, 1959. By the terms of this employment contract it was provided:

1.…