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MAPEI Corp. v. Prosser

The trial court did not err in granting summary judgment to the defendant in an action filed by his former employer for violation of a contractual non-compete covenant, as the defendant's subsequent execution of an agreement omitting the non-compete covenant created a contract entirely superseding the one containing that covenant.

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MAPEI Corporation sued former employee Stephen Prosser for violation of a contractual non-compete covenant. Finding that the agreement containing that non-compete covenant had been superseded by a subsequent agreement which covered substantially the same subject matter, contained a superseding-agreement clause, but omitted the non-compete covenant, the trial court granted summary judgment to Prosser. MAPEI appeals, arguing that the trial court erred in finding that the agreement omitting the non-compete covenant superseded the agreement containing that covenant. Specifically MAPEI argues that the agreement containing the non-compete covenant was revived by Prosser’s subsequent conduct: by his delivery to MAPEI’s representative of the previously-executed agreement containing the non-compete covenant or by his acceptance of compensation. Alternatively MAPEI invokes the doctrine of mutual mistake. And it argues that, even if most of the agreement containing the non-compete covenant is superceded, the non-compete covenant itself survives. We are not persuaded. We find this case to be controlled by the fundamental principle that a contract is formed upon the parties’ assent to its terms. OCGA § 13-3-1, 13-3-2. We agree with the trial court that Prosser’s execution of the agreement omitting the non-compete covenant created a contract entirely superseding the one containing that covenant, and we therefore affirm.

“We review a ruling on a motion for summary judgment de novo, viewing the evidence and all reasonable inferences that may be drawn from it in the light most favorable to the non-movant.” American Control Systems v. Boyce, 303 Ga. App. 664, 665 694 SE2d 141 2010 citation omitted.

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