Alois v. Alois

The petition is for injunction to restrain the defendants, Dan W. Robinson and Robinson Tunneling Company, Inc., from breaching a restrictive covenant contained in an employment contract entered into by the defendant Dan W. Robinson with the plaintiffs. The following is the restrictive covenant in question: "As part of the consideration of this agreement, employee agrees that for two (2) years following the termination of his employment with employer, regardless of how such termination is brought about, he will not engage in the business of boring, digging or drilling horizontal holes or tunnels in the earth, either as a principal, partner, employee, stockholder, or otherwise, within any territory assigned to him at any time during his employment by employer, within two years next preceding such termination, and employee understands that this is a material part of his agreement with employer, and that employer would not have hired or employed him unless this condition is a part of this agreement."