A.E.P. Industries, Inc. v. McClure

The questions raised by this appeal are now moot and the appeal should be dismissed. Fulton v. Morganton, 260 N.C. 345, 132 S.E. 2d 687 (1963). “It is quite obvious that a court cannot restrain the doing of that which has been already consummated.” Austin v. Dare County, 240 N.C. 662, 663, 83 S.E. 2d 702, 703 (1954). The contract sued upon specified that the defendant would not compete with plaintiff for a period of eighteen months after the date on which he ceased to be employed by plaintiff. A.E.P. Industries, Inc. summarily fired defendant on 4 August 1981. The noncompetitive…