Parker v. Smith

NORVELL, Justice.

This is an appeal from an order refusing a temporary injunction sought by-plaintiff, James W. Parker, to enforce a covenant not to compete, which was contained in a contract of employment between Parker as employer and defendant, Elmer Smith, as employee.

Ordinarily, on an appeal from an order either granting or refusing a temporary injunction, the question is whether the trial judge abused his discretion in granting or refusing the requested order. In the present case, although not required to do so .by Rule 385, Texas Rules of Civil Procedure, the trial judge filed findings…