Allen v. Rose Park Pharmacy

WOLFE, Chief Justice.

Osbourne Allen was discharged as manager and pharmacist at the defendant’s drug store. This is an action for a declaratory judgment to determine the validity of the following negative covenant in the contract of employment under which Allen was employed.

“Osbourne agrees that in the event of termination of this contract for any reason, * * * he shall not directly or indirectly compete, as an employee or principal in the operation of a drug store or pharmacy within a radius of two miles of this drug store for a period of five years thereafter.”

The trial court found that the…