James C. Greene Company v. Kelley
Supreme Court of North Carolina
Appeal by plaintiff .from Williams, April, 1963 Civil Session, WaKe Superior Court. The plaintiff instituted this civil action to restrain the defendant from violating his 'covenant not to engage in the business of adjusting insurance ¡claims ¡and losses in competition 'with plaintiff within 75 miles of Moreheaid City for a term of four yeans after leaving plaintiff’s employment.
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Appeal by plaintiff .from Williams, April, 1963 Civil Session, WaKe Superior Court. The plaintiff instituted this civil action to restrain the defendant from violating his 'covenant not to engage in the business of adjusting insurance ¡claims ¡and losses in competition 'with plaintiff within 75 miles of Moreheaid City for a term of four yeans after leaving plaintiff’s employment. The allegations and proof disclose the parties entered into, a written contract on December 11, 1953, .and another in substitution thereof on September 27, 1954, in each of which the defendant ¡agreed not to engage…
1Opinion of the CourtHiggins, J.
The plaintiff sought to restrain the defendant from engaging .ini the business of adjusting insurance claims and losses wiitihin 75 miles of Morehead City for a period of four years after the termination of his employment. No other relief was sought. If the plaintiff’s proof fails to entitle it to the relief sought, nonsuit was proper. Failure to make out a ease requires dismissal by the court Yandell v. American Legion, 256 N.C. 691, 124 S.E. 2d 885.
The defendant admitted he signed a paper writing containing a provision that he would not engage in competition in the manner alleged. He…
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