Opinion
19424.
ARGUED JULY 9, 1956.
DECIDED SEPTEMBER 7, 1956. REHEARING DENIED OCTOBER 11, 1956.
Injunction. Before Judge Manning. Cobb Superior Court. May 3, 1956.
Joseph S. Crespi, for plaintiff in error.
Luther C. Hames, Jr., Douglas C. Lauderdale, Jr., contra.
Where, as in this case, the evidence is conflicting, and at most the petitioner's evidence merely casts a suspicion, the inference from which being that the defendant has and is violating his contract not to enter into business as a competitor of the petitioner for a period of five years in the metropolitan area of Atlanta, it can not be said that the court abused its discretion in failing to grant an interlocutory injunction. Deriso v. Castleberry, 202 Ga. 174 ( 42 S.E.2d 356); Fitzgerald v. Head, 202 Ga. 640 ( 44 S.E.2d 117); Jones v. Camp, 208 Ga. 164 ( 65 S.E.2d 596); Brown v. Bishop, 197 Ga. 569 ( 30 S.E.2d 91); Jones v. Lanier Development Co., 188 Ga. 141, 145 ( 2 S.E.2d 923). There was evidence from which the court was authorized to find that the defendant was not violating his contract and competing with the petitioner.
Judgment affirmed. All the Justices concur.