Contracts 7 — Where there is no written agreement at the inception of the employment that the employee should not engage in competition with the employer for a stated period after the termination of the employment, a written agreement to this effect executed thereafter is void for want of consideration.
PER CURIAM.
At the time the relationship of employer and employee was established between the plaintiff and defendant Freeman on September 1, 1960, no written contract evidenced a covenant restricting Freeman's right to engage in competitive employment. To be enforceable such a covenant must be (1) in writing, (2) supported by a valid consideration, and (3) reasonable as to terms, times and territory. The written contract of September 16, 1960 was a new contract without a new consideration. This case is controlled by Greene v. Kelley, 261 N.C. 166, 134 S.E.2d 166. Judge Phillips correctly declined to issue the injunction. His judgment is
Affirmed.