Restrictive covenants ancillary to personal services contract distinguished.

- There is a broad distinction between a breach of contract to render personal services and a violation of a restrictive covenant ancillary to such contract by which the employee agrees not to engage in a competitive business either for himself or in behalf of another after the contract with his employer has been terminated. In the former case injunction will not issue to restrain the breach of the contract, unless the services required thereby are of peculiar merit or character; while in the latter case it is immaterial that the services, which the employee has contracted not to perform for himself or another, may not be of peculiar merit or character. National Linen Serv. Corp. v. Clower, 179 Ga. 136, 175 S.E. 460 (1934).

Advertising solicitor for newspaper is not of such special skill as to modify injunction. Hammond v. Georgian Co., 133 Ga. 1, 65 S.E. 124 (1909).

Franchise contract.

- A contract by merchant with manufacturer to sell its products, and no other, providing that a breach by either party would give the other a right to release, cannot be enforced by this section where merchant sells for another. Paxson v. Butterick Publishing Co., 136 Ga. 774, 71 S.E. 1105 (1911) (see O.C.G.A. § 9-5-7).

Salesman filling orders taken for one employer with products of another.

- Where a salesman who is familiar with customers makes sales and then becomes employed by a rival company and is filling orders taken for first company with product of rival company, the salesman will be enjoined. Kinney v. Scarbrough Co., 138 Ga. 77, 74 S.E. 772 (1912).

Interlocutory injunction properly denied.

- Trial court did not err in denying a motion filed by a funding member of limited liability companies (LLCs) for an interlocutory injunction to enjoin the manager of the LLCs for violating the member's exclusive right under operating agreements to manage apartment complexes because the member failed to show that there was not an adequate remedy at law; the motion for interlocutory injunction alleged a mere breach of a contract for personal services for which the manager could be liable in damages, and no action for either dissolution of the LLCs or appointment of a receiver had been filed, no action in regard to the parties' respective positions in the LLCs was filed until amendment of the complaint on the second day of the hearing, and the only financial damage the member alleged was the loss of funds to a corporation and the potential loss of collateral for the member's alleged security interest. Murphy v. McMaster, 285 Ga. 622, 680 S.E.2d 848 (2009).

Cited in Rodgers v. Georgia Tech Athletic Ass'n, 166 Ga. App. 156, 303 S.E.2d 467 (1983); Ashworth v. Cunningham/MSE, 252 Ga. 569, 315 S.E.2d 419 (1984).

Am. Jur. 2d.

- 42 Am. Jur. 2d, Injunctions, § 127 et seq.

C.J.S.

- 43A C.J.S., Injunctions, § 158 et seq.

ALR.

- Validity and enforceability of restrictive covenants in contracts of employment, 52 A.L.R. 1362; 67 A.L.R. 1002; 98 A.L.R. 963.

Injunction to prevent employment of, or contract with, another, as available remedy for defendant's breach of contract to employ plaintiff or give him an exclusive right to promote or sell defendant's product or invention, 125 A.L.R. 1446; 173 A.L.R. 1198.

Validity and effect of statute restricting remedy by injunction in industrial disputes, 127 A.L.R. 868.

Necessity and sufficiency of effort to settle dispute as condition of right to injunction in labor dispute under statutes restricting remedy by injunction in labor disputes, 150 A.L.R. 819.

Governmental body's right to enjoin breach of contract for unique or extraordinary services, 161 A.L.R. 881.

Injunction as remedy for breach of contract to employ plaintiff or give exclusive right to promote or sell defendant's product or invention, 173 A.L.R. 1198.

Remedies during promisor's lifetime on contract to convey or will property at death in consideration of support or services, 7 A.L.R.2d 1166.