Johnson v. E. R. Carpenter Co.

By JUDGE MELVIN R. HUGHES, JR.

[There was a] trial in this case before the Court on May 11, 1990, on plaintiff’s Motion for Declaratory Judgment and defendant’s Answer and Motion for Permanent Injunction.

The case centers around the enforceability of a non-compete provision in plaintiff’s (Johnson’s) written employment contract with defendant, E. R. Carpenter (Carpenter), a manufacturer of polyurethane foam and other fill products for use in furniture, medical equipment, bedding, bedding accessory, and many other products.

The Evidence

The evidence revealed that Johnson has been in sales with a…