Monday, 17th November 1913: Franks Appeal Is Set For Thirty Days Hence, The Atlanta Journal
The Atlanta Journal,
Monday, 17th November 1913,
PAGE 3, COLUMN 5.
Judge Holds
Contract Valid
and Grants Temporary Re-
straining
Order
A novel and interesting point was
raised in Judge J. T. Pendletons division of the superior court Monday morning
when the court issued a temporary restraining order in behalf of a petitioner
who sought to enforce a contract whereunder the defendant bound himself not to
engage in the printing business in Atlanta.
The parties to the suit were Mrs. Ellen
F. Knowles, of Cincinnati, represented by Dorsey, Shelton & Dorsey, Atlanta
attorneys, and George Holtman, formerly of Cincinnati, now of Atlanta. In her petition
Mrs. Knowles recited that she and the defendant formerly were engaged in the
printing business in Cincinnati under the Corporation name of Knowles &
Holtman company; that in January she bought his stock when he signed a contract
agreeing not to engage in the printing business of Cincinnati, Nashville or
Atlanta during a period of five years following. She alleged in her petition
that he violated that contract by coming to Atlanta, buying stock in the Howard
Printing company, 195 Marietta Street, in his wifes name, and being elected
secretary and treasurer of that company.
Judge Pendleton held that contract to
be valid, a recent decision of the state supreme court in the Flooding case
having held that the essentials were a limitation of space and a limitation of
time. The five-year period and the limitation of the contracts effect to the
three cities named validated the contract in the courts opinion. The hearing
on the plea for a permanent injunction was set for next Saturday. Meanwhile Mr.
Holtman cannot engage in the printing business in Atlanta.
It is said the contract was drawn to
cover Nashville and Atlanta as well as Cincinnati because the firm has
customers in these two cities.
PAGE 18, COLUMN 2
More Than 100 Members of
Society Are Expected to
Attend
Kentuckians of Atlanta are to have a
banquet at the Ansley hotel Thursday night, December 11. There are more than 100
in the city, and it is hoped all will attend the dinner.
Judge John. Pendleton is president of
the Kentucky society, and S. L. Rhorer is treasurer. The executive committee is
composed of W. C. Warfield, Jack J. Spalding, W. C. Jenkins, Scott Hudson, Dr.
J. C. White, John D. Pickett, Isaac Schoen and W. W. Gaines.
Those expecting
to attend are requested to communicate with W. C. Warfield, Fourth National Bank
building or any others above named.