Legal Opinion

E. Jaccard Jewelry Co. v. O'Brien

Missouri Court of Appeals

Decided April 20, 1897PublishedCited by 2 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Thomas A. Russell, Judge. A negative agreement not to engage in a certain line of employment during a specified time is clearly enforcible by injunction. High on Injunctions, secs. 1162-1165; Lassardv. Lucifer, 18 Ore. 221; 14 Canadian Law Times, p. 6; Donnell v. Bennett, 22 Ch. Rep. 835; Gill v. Farris, 82 Mo. 156; Slejfv. Cassell, 2 Jur.

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Appeal from the St. Louis City Circuit Court. — Hon. Thomas A. Russell, Judge. A negative agreement not to engage in a certain line of employment during a specified time is clearly enforcible by injunction. High on Injunctions, secs. 1162-1165; Lassardv. Lucifer, 18 Ore. 221; 14 Canadian Law Times, p. 6; Donnell v. Bennett, 22 Ch. Rep. 835; Gill v. Farris, 82 Mo. 156; Slejfv. Cassell, 2 Jur. N. S. 348. There being nothing exceptional or unique in the services to be rendered by the defendant, O’Brien, there is an adequate remedy at law, and an injunction will not issue. Beach, Mod. Eq. Jur.,…

1Opinion of the CourtBiggs, J.

The plaintiff is engaged in the sale of jewelry in the city of St. Louis. The defendant, the Mermod-Jaecard Jewelry Company, is engaged in a like business in said city. Prior to November, 1895, the defendant, John C. O’Brien, had been employed by the Mermod-Jaecard Jewelry Company as a clerk or salesman. On the twenty-first day of November, 1895, he entered into a contract with plaintiff in which he agreed to act as its salesman for the period of one year at a weekly salary of $20. In addition he was to receive one and one half per cent on all sales made by him. O’Brien also covenanted that…

2Cases cited1 opinion

  1. Burney v. Ryle & Co.Supreme Court of Georgia · 1893

3Cited by2 opinions

  1. Index Employment Co. v. Globe Employment AgencyMissouri Court of Appeals · 1949
  2. Oppenheimer v. SayerIllinois Circuit Court · 1890

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