Orkin Exterminating Co. v. Harris

164 S.E.2d 727 (1968)

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Orkin Exterminating Co. v. Harris

Georgia Supreme Court
164 S.E.2d 727 (1968)

Facts

Billy Harris (defendant) worked at Orkin Exterminating Company (Orkin) (plaintiff). Harris’s employment contract stated that if he was terminated, Harris was not allowed to solicit Orkin customers or perform the services he performed at Orkin in the area for two years after termination. Harris was terminated and began performing the same business as Orkin in the area less than two years after his termination. Orkin filed suit against Harris, seeking an injunction to stop Harris from continuing to engage in activities that breached his contract. Harris argued that Orkin did not pay him all of the money he was owed under his employment contract and that because Orkin failed to keep up with its obligations under the contract, Orkin had breached the contract and effectively released Harris from his obligations under the contract. The lower court held in favor of Harris. Orkin appealed.

Rule of Law

Issue

Holding and Reasoning (Grice, J.)

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