Howard Schultz & Associates v. Broniec

236 S.E.2d 265 (Ga. 1977)

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Nature of the Case

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Facts

Howard Schultz (P) hired Broniec (D) to audit accounts under an employment agreement, whereby D agreed to a noncompete clause that forbade D from competing with P, directly or indirectly, as principal, agent, employer or employee, in any capacity, in a business which would be in competition with P. That covenant was to last for two years after termination and would apply to all territories where P operated. D terminated employment and P sought to enforce the covenant by injunction. P's suit was dismissed; the clause was unenforceable because it was overbroad. P appealed; the court should rewrite the clause to create a valid restriction.