Fullerton Lumber Co. v. Torborg

70 N.W.2d 585 (1955)

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Nature of the Case

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Facts

P operates a number of retail lumberyards in Wisconsin and other states. D began working for P in a managerial capacity in 1938. Eventually, D was placed in charge of a yard at Gaylord, Minnesota. In March 1946, D was transferred to Clintonville, Wisconsin, as manager of the company's yard there. On April 15, 1946, he entered into an employment contract. It provided that D could not compete or work for another company for 10 years within a 15-mile radius. In November 1953, D voluntarily quit, advising P that he intended to open his own lumberyard in that city. He thereafter incorporated the Clintonville Lumber & Supply, Inc., and on December 1, 1953, commenced business in Clintonville, taking with him three other of P's Clintonville yard employees. P sued D to enforce the noncompete clause. The court refused in that the restraint was too long. P appealed.