Monday, 17th November 1913: Franks Appeal Is Set For Thirty Days Hence, The Atlanta Journal

Reading Time: 3 minutes [387 words]

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.