dissenting.
This opinion is another in a long line of cases from this court which make it practically impossible for an employer to protect his interests against a former employee who violates restrictive covenants in a contract. The facts here clearly show that the restrictive covenants as to time and territory are reasonable for the protection of the business interests of the employer. The facts show a clear violation of these covenants by the former employee. Yet we in effect sweep the contract under the table simply because the employer might not have had a customer in every remote area of the described territory.
The appellant proved that nearly 98% of its clients were within the designated territory. Under the facts of this case it was entitled to have its contract enforced by the courts.
I respectfully dissent.