VERMONT ELECTRIC SUPPLY CO., INC. v. ANDRUS, 133 Vt. 422 (1975)

VERMONT ELECTRIC SUPPLY CO., INC. v. ANDRUS, 133 Vt. 422 (1975)
340 A.2d 77

Vermont Electric Supply Company, Inc. v. William N. Andrus, et al.

No. 254-74Supreme Court of Vermont.
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.Page 423

Per Curiam.

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 becomputed from September 17, 1974.