Home Specialty Pest Control Company V‪.‬

GOODWYN, Justice. This is an appeal from a decree of the circuit court of Jefferson County, in equity, denying a temporary injunction in a suit brought by appellant to enjoin appellee from engaging in a competing business. The basis of the suit is an agreement entered into between the parties whereby the appellee, as an employee of appellant, agreed not to engage in the pest control business or any business engaging in the eradication and control of rats, mice, bugs, vermin, termites, beetles and other insects within the territory 'known as cities of 50 mile radius of Birmingham' for a period of two years immediately following the termination of appellee's employment with appellant. The bill seeks both a temporary and a permanent injunction. The bill was filed on January 17, 1961, and presented to the trial Judge on that day on the application for temporary injunction. At that time an order was entered setting February 6, 1961, as the day for hearing the application. On such hearing considerable testimony was taken orally before the trial court. Thereafter, on February 7, 1961, a decree was entered denying the temporary injunction. On February 16, 1961, complainant brought this appeal from that decree pursuant to Code 1940, Tit. 7, § 1057.