Stokes v. Moore
Alabama Supreme Court
77 So. 2d 331 (1955)
- Written by Rich Walter, JD
Facts
H. E. Stokes (defendant) contracted with Virgil Moore and Moore’s partners (the partners) (coplaintiffs) to manage their business. The contract gave the partners a right both to seek an injunction and to recover $500 in liquidated damages should Stokes ever breach the contract’s noncompetition clause. Stokes eventually quit the partners’ business, and the partners sued him when he went to work for their competitor. The trial court granted a temporary injunction enjoining Stokes from working for the partners’ competitors for one year; the injunction was secured by the partners’ surety bond to compensate Stokes should a subsequent court proceeding annul the injunction. Stokes appealed to an intermediate court, which affirmed the temporary injunction but shortened its duration. Stokes took his appeal to the Alabama Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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