Summary
In Vermont Electric Supply Co. v. Andrus, 133 Vt. 422, 340 A.2d 77 (1975), we affirmed the damages computation for the period from May 1, 1972, to February 20, 1973.
Summary of this case from Vermont Elec. Supply Co. v. AndrusOpinion
No. 254-74
Opinion Filed June 3, 1975
Damages — Agreements Not To Compete
Employer's recovery for former employee's breach of agreement not to compete in the business of designing and selling kitchens or kitchen cabinets was not limited to the value of cabinets only.
Damages determination on remand. Superior Court, Rutland County, Martin, J., presiding. Affirmed.
Dick, Hackel Hull, Rutland, for Plaintiff.
Welch and Cleveland, Rutland, for Defendants.
Present: Barney, C.J., Smith, Keyser, Daley and Larrow, JJ.
This case was previously remanded for computation of damages. 132 Vt. 195, 315 A.2d 456 (1974). The defendant now challenges the findings and computation as to those damages as found below.
The defendant's objection is premised on the notion that recovery should be limited to the value of kitchen "cabinets" only. The agreement involved clearly is broader than that, since it refers to kitchen designing and laying out. The evidence of the transcript clearly demonstrates that the proscribed activity included complete installations with the associated appliances, and amply supports the findings and computation below with respect to damages. The defendant's appeal is unsupportable.
Judgment of damages affirmed. Let interest on the judgment be computed from September 17, 1974.