His employment determined in November 1931 following which he started trading in a like field, initially on his own account and later through a company, J M Horne & Co Ltd, which was incorporated on 8 April 1932. The shares in the company were held by Mr Harne's wife and a Mr Howard, an employee, who were the only directors. The plaintiff sued both Mr Home and the company for injunctions restraining breaches of the covenant in the service agreement.