Orkin Ex. Co. Inc., So. Georgia v. Dewberry

Wyatt, Justice.

1. The answer to one question controls this case. Was the employment contract entered into between the parties contrary to public policy?

Among the contracts that are stated to be unenforceable because “against the policy of the law” are “contracts in general restraint of trade.” Code, § 20-504. While it is the general rule that a contract in general restraint of trade is void, a contract only in partial restraint may be upheld, “provided the restraint be reasonable,” and the contract be valid in other essentials. Kutash v. Gluckman, 193 Ga. 805 (20 S. E. 2d, 128). With respect…