Original Vincent & Joseph, Inc. v. Schiavone

Marvel, Vice Chancellor:

Plaintiff operates a beauty shop on Governor Printz Boulevard, north of Wilmington. In February 1955, the defendant, Vincent Schiavone, who had prior to that time worked for plaintiff in Philadelphia, became manager of plaintiff’s Wilmington shop, allegedly under a written contract. It is claimed that such contract provided that in the event Schiavone were to leave plaintiff’s employ he would not engage in the same business as his employer for the space of two years within five miles of plaintiff’s shop. Schiavone denies that he entered into a contract which in any way…