Question
Yancy Brothers Co (Yancy) employed Edward Murphrae as a heavy equipment salesman. His employment contract prohibited him from soliciting any customers procured or serviced by
Yancy Brothers Co (Yancy) employed Edward Murphrae as a heavy equipment salesman. His employment contract prohibited him from soliciting any customers procured or serviced by him for two after leaving Yancy. Murphrae used a thumb drive to copy files from his company laptop. He resigned and took a job with Flint Equipment Co. (Flint) a competitor selling the same equipment in the same territory. Murphrae contacted his former Yancy clients and submitted heavy equipment bids to some. Yancy sued Murphrae and Flint, alleging Murphrae was in violation of his employment contract. Should the contract's provision non-solicitation provision be enforced?
After reading Chapter 10, provide your opinion of the case below by answering the following questions:
- Who is the plaintiff and who is the defendant?
- What is the plaintiff arguing?
- What is the defendant arguing?
- What isyour opinionon this case?Whoshould win in court and why?
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