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    1. [SCKY] BREEDING VS TANDY - CONCLUSION
    2. Sandra K. Gorin
    3. The case was prepared for trial and, upon consideration, the chancellor held that the plaintiff was not entitled to the relief sought. In reaching his conclusion he was evidently influenced by the idea that there was no consideration for the writing signed by TANDY in which he agreed not to enter into the livery business again in Glasgow while BREEDING was engaged in that business. Discussion was held about the signing of the papers; how the parties understood what they were signing. It was noted that the writing was executed upon a date different from that which date it bears and the sale had been consummated some time before the writing was executed - thus cannot be considered or received for overthrowing the charges. The chancellor noted that "Glasgow is a small town, and it cannot be said that, in obligating appellee not to engage in the livery business in that town while appellant was engaged in the same business, appellant was imposing upon appellee an unreasonable restriction. They were active business competitors. There could be no possible motive on the part of appellant to buy the business of the appellee except it was with the understanding that he would rid himself of this competition. The record shows that appellee had a good business, a valuable trade, and it is unreasonable to believe that appellant would have wanted to purchase this business without having some assurance that appellee would not thereafter engage in the same business. The contract into which they entered afforded him this protection. The consideration paid by him for it was adequate; and as the contract merely limited appellee's right to do business in that particular town, and then only so long as appellant should be engaged in the same business therein, it was a valid and enforceable contract." After citing many legal precedents, the Supreme Court reversed the judgment of the Barren County Circuit Court. To post to lists: [email protected] or [email protected] Sandi's Puzzlers: http://www.gensoup.org/gorinpuzzles/index.php Sandi's Website: http://ggpublishing.tripod.com/

    06/08/2012 02:07:28