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Essay / Research Paper Abstract
A 5 page case summary of Morgan’s Home Equipment Corp. v. John Martucci, Harry Garber, Ray Convor and Dan Spiller and also Morris Spiller, individually and trading as Variety Sales Corp (390 Pa. 618, 136 A.2d 838). The writer summarizes the facts of the case, its legal history, the court holding, rational and disposition. No other sources cited.
Page Count:
5 pages (~225 words per page)
File: D0_khmvmar.rtf
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Unformatted sample text from the term paper:
also Morris Spiller, individually and trading as Variety Sales Corp (390 Pa. 618, 136 A.2d 838), the legal facts of the case begin with the sale of the Central Home
Furnishing Company to Morgans Home Equipment, which occurred in February of 1955. Martucci, et al, were employees of Central Home Furnishing at this time. Within a month of making this
acquisition, Morgan required of all employees who were to be retained that they sign an agreement that dictated that, in the event of terminating their employment with Morgan, the employee
would agree not to compete with Morgan for the period of one year with a "radius of 100 miles of Philadelphia," as well as "not to solicit, divert or take
away customers whom he had been serving" while in Morgans employment (Morgans Home Equipment v. Martucci, et al). The majority of the purchase price for Central Home Furnishing was
paid to acquire the customer base that this company had built. This business involved the "installment setting of household articles" which were marketed via its staff of "door-to-door
salesmen-collectors," which each salesman having a "confidential route of customers," to whom he sold merchandise and then collected weekly payments (Morgans Home Equipment v. Martucci, et al). By having
this sales force sign this agreement, Morgan was protecting this valuable asset. This agreement explicitly stated that the employee agreed not to divulge customer names and addresses to any third
party or cause any of these customers to cease their relationship with Morgan. The agreement included the explicit language: "I intend to be legally bound hereby" (Morgans Home Equipment v.
Martucci, et al). Each employee who continued his relationship with Morgan signed the document and, in return, received benefits such as "an insurance policy, a raise in wages and additional
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