On Motion for Rehearing. ■
On motion for rehearing, appellant concedes that the provisions of the alleged negative covenants in the contract were valid and enforceable by the original employer, Cannon Ball Towel Supply Company, thus admitting, in effect, that such covenants were reasonable. The controlling question in this appeal then seems to be whether or not the contract was assignable. The Cannon Ball Supply Company sold its laundry business, including the contract here involved, with all its existing privileges and benefits, to appellee; thus, we see no sound reason for holding that appellant was absolved, because of such sale, from complying with the covenants and agreements which the contract contained. It is evident that no additional burden or hazard was cast upon appellant by the assignment. He accepted employment under the new set-up, and his duties remained the same as they were before such assignment was made. The only part of the contract here involved is. the provision that the employe was not to engage, for himself or any other person or corporation, directly or indirectly, in the laundry business, as therein directed and within the prescribed territory, for a specified time of one year after leaving his employer’s service. There was no distinctive individual skill, no peculiar personal qualification involved in appellant’s employment; indeed, the contract made by appellant himself with the Cannon Ball Company was assignable under its express terms.
Under the facts appearing, it is the opinion of this Court that the writ was properly issued; that the pleadings are good as against a general demurrer, and the proof showed a probable right, and a danger to that right, unless injunctive relief was awarded. Motion for rehearing overruled.