STANDARD REGISTER COMPANY, Appellant, v. D. C. KERRIGAN and Southern Systems & Forms, Respondents, 238 S.C. 54


Summary

An employer brought an action seeking to enjoin its former employee from violating a restrictive covenant in his contract of employment. The employee had been employed by the employer as a sales representative of business forms and equipment. The lower court refused to grant the injunction. The employee contended that the contract's proscription against selling to the employer's accounts or in the employer's territory was void as against public policy. In reversing the decision of the lower court, the court held that (1) the employee failed to show that he had been adversely affected by the restrictive covenant where his new company had experienced phenomenal growth and acceptance and planned to build a major business forms manufacturing plant, (2) that the two-year limitation was no more than was necessary to afford fair protection to the employer, (3) the covenant was not contrary to the public policy of Ohio whose law was applicable or to the public policy of South Carolina, the ...