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eBook details

• Title: Whiting Milk Companies v. O'Connell Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 31, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

CARROLL, J. This suit in equity is to restrain the defendants from soliciting or persuading the plaintiff's customers to discontinue
the purchase of milk or milk products from the plaintiff and to purchase the same from the defendants, in violation of the
terms of the contract between the plaintiff and the Milk Wagon Drivers Union Local No. 380, of which the defendant William
J. O'Connell is a member. A decree was entered enjoining him from soliciting or selling dairy products to customers of the
plaintiff who had been served by him while he was in the plaintiff's employ, and enjoining all the defendants from continuing
to sell such products to customers who live or did business in Brookline. The plaintiff appealed from the final decree. The
defendants appealed from the interlocutory and final decrees. The defendants have not prosecuted their appeals and have been
defaulted. Article ten of the agreement between the plaintiff and the union provided: 'Each man employed under this agreement covenants
and agrees with the employer that should such man's employment cease for any reason during the term of this agreement and
for ninety (90) days thereafter, he will not, by himself, by agents, or as the servant or agent of another, interfere with
the business of said employer or sell milk, cream, or other dairy products to any customer of said employer for a period of
ninety (90) days from the cessation of said employment.' The master found that the agreement was accepted at a meeting of
the union and duly executed by its officers. The agreement covered the wage scale of the plaintiff's employees from April
1, 1930, to March 31, 1931. William J. O'Connell had been employed by the plaintiff as a driver of a milk wagon for ten years
prior to January 18, 1931, when he left the plaintiff's employ. He was during his employment and at the time of the hearings
before the master a member of the union. In February, 1931, the defendant Marie B. O'Connell, a sister of William formed a
partnership with the defendant Joseph A. Donahue for the sale of milk. William J. O'Connell was employed by the firm as driver.
Marie B. intended her brother to get business from the plaintiff in Brookline. Donahue intended that William J. O'Connell
'should go to plaintiff's customers for business.' Prior and subsequent to January 8, 1931, William J. O'Connell persuaded
customers of the plaintiff to discontinue with the plaintiff and to purchase milk from the partnership, and names of the
plaintiff's customers were given Donahue by him. Both Donahue and Marie B. knew of his employment by the plaintiff and knew
he was soliciting business from plaintiff's customers and intended he should do so.

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