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ASHEVILLE ASSOCIATES, INC. v. MILLER

No. 106.

121 S.E.2d 593 (1961)

255 N.C. 400

ASHEVILLE ASSOCIATES, INC., a Corporation, v. John William MILLER. ASHEVILLE ASSOCIATES, INC., a Corporation, v. Frank L. BERMAN.

Supreme Court of North Carolina.

September 27, 1961.

Attorney(s) appearing for the Case

Van Winkle, Walton, Buck & Wall, by O. E. Starnes, Jr., Asheville, Smith, Moore, Smith, Schell & Hunter, by Bynum M. Hunter, Greensboro, for defendants-appellants.

Ward & Bennett, Asheville, for plaintiff-appellee.

HIGGINS, Justice.

Courts generally refuse to enforce restrictive covenants in employment contracts unless they are (1) in writing, (2) entered into at the time and as a part of the contract of employment, (3) based on valuable considerations, (4) reasonable both as to time and territory embraced in the restrictions, (5) fair to the parties, and (6) not against public policy.

The contracts here involved are in writing. They were found to have been entered into...

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