Fuller v. Kolb

Jordan, Justice,

dissenting.

While contracts in restraint of trade are against public policy and void under our Constitution, yet reasonable restrictive covenants in employment *605contracts have been recognized as an exception to this principle from the time of the Industrial Revolution and possibly before. The majority opinion in this case is but another example of "nit picking” such contracts by this court to the extent that these contracts have been rendered totally inoperative and ineffective. Ten Philadelphia lawyers could not draft an employer-employee restrictive covenant agreement that would pass muster under the recent rulings of this court.

In this case the appellee was employed in the Atlanta office of an accounting firm doing business in 4 cities in Georgia, principally in Atlanta. His employment contract specified that if he ceased such employment he would not render accounting service to a client of appellants at the time of termination or within a year thereto. Thus the appellee was not restricted from practicing his profession in Atlanta or in Georgia or anywhere in the United States, the employer merely requiring him to "leave our clients alone” for a period of two years.

What agreement could be more reasonable or have less restraint upon the appellee commensurate with protecting the legitimate interests of his former employer? Viewed in the light of the clear intention of the parties and looking to the four corners of the contract, it was reasonable in every respect. Yet one of the parties, with the aid of the courts, can thumb his nose at his solemn contract and continue to pirate the clients of his former employer, at whose table he once supped.

I respectfully dissent.