References: [1857] EngR 778, (1857) 24 Beav 307, (1857) 53 ER 376
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The servant of a milkman, in C. Street, London, agreed not to carry on the like business within three miles therefrom. Held, that this was not an undue restraint of trade, and the servant was restrained, by injunction, from violating his agreement.
A. agreed to take B. as his servant, ‘at such wages as might from time to time be agreed on,’ and B., on his part, agreed to serve A., and not to set up trade for himself within certain limits. B. accordingly entered into and continued in A.’s service, at wages agreed on. Held, that there was a good and valuable consideration to support the agreement as against B., and the Court enforced it. A milkman, carrying on business in three places, took the Defendant into his service.
The Defendant engaged, as regarded the milkman, his assignees and successors, not to carry on a similar trade within certain limits. A. sold his branch business at one of the three places to the Plaintiff, who retained the Defendant in his service.
Held, that the Plaintiff, as assignee and successor of part of the business, was entitled to the benefit of the Defendant’s contract.
Last Update: 19-Nov-15 Ref: 290524
