Supreme Court of North Carolina, 1965

In Re Burris

In Re Burris
Supreme Court of North Carolina · Decided February 24, 1965 · Per Curiam
140 S.E.2d 408; 263 N.C. 793; 1965 N.C. LEXIS 1372 (South Eastern Reporter, Second Series)

In Re Burris

Opinion

PeR CüRiam.

Petitioner’s assignments of error do not call into question the findings of fact made by the Civil Service Commission or the evidence on which they are based. This appeal presents only the question whether the facts found support Judge Clarkson’s conclusions of law. Merrell v. Jenkins, 242 N.C. 636, 89 S.E. 2d 242.

*795 The findings of fact unequivocally disclose that petitioner knowingly and deliberately — and at an expenditure of considerable time and effort — brought about a conflict of interest between himself and his employer.

“Manifestly, when a servant becomes engaged in a business which necessarily renders him a competitor and rival of his master, no matter how much or how little time and attention he devotes to it, he has an interest against his duty. It would be monstrous to hold that the master is bound to retain the servant in his employment after he has thus voluntarily put himself in an attitude hostile to his master’s interests.” Dieringer v. Meyer, 42 Wis. 311, 313, 24 Am. Rep. 415, 416.

Where an employee deliberately acquires an interest adverse to his employer, he is disloyal, and his discharge is justified. 3 Am. Jur. 2d, Agency § 48 (1962).

The judgment of the court below is

•Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.