Van Oort Construction Co. v. Nuckoll's Concrete Service, Inc.

TERNUS, Justice.

Appellee, Nuckoll’s Concrete Service, Inc., purchased the assets of appellant, Van Oort Construction Company, Inc. Subsequently, Nuckoll’s stopped making payments under a collateral noncompete agreement, claiming that Van Oort Construction and appellant, Jerry Van Oort, had breached the covenant not to compete. Appellants then brought this action for breach of contract; Nuckoll’s filed a counterclaim. The trial court ruled that the Van Oort parties had breached the contract and that consequently Nuckoll’s was justified in not making payments under the noncompete agreement. The…