¶1(dissenting).
¶2I respectfully dissent. The majority concedes the employer itself breached the contract by failing to give written notice to Ewing that he was fired. This failure should preclude the employer from calling upon the court to enforce the contract. See Felton Beauty Supply Co. v. Levy, 31 S.E.2d 651, 654 (Ga.1944) (failure of employer to give contractually required notice precludes employer from obtaining injunction to enforce covenant not to compete); 54 Am.Jur.2d Monopolies § 570, at 998 (1971) (anticompetitive employment covenants held unenforceable where employer discharged employee without giving contractually required notice); Annotation, 155 A.L.R. 652 (1945). The trial court was correct in rejecting Presto-X’s request for injunctions. The failure should for the same reason also preclude Presto-X from recovering damages.