Lambakis v. Exar

POPOVICH, Judge:

This is an appeal from an order granting a petition to open judgment. We affirm.

The appellant (Christos Lambakis) and appellee (Nicholas L. Exar) entered into an agreement dated November 1, 1982, whereby the appellant sold to the appellee, for $18,-000, an ongoing business (“Athens Pizza”). In securement of the purchase, the appellee executed a promissory note of even date in favor of the appellant in the amount of $3,000. Also, one of the conditions of the sale was the appellant’s agreement to refrain, for a period of three years, from “competing with the business being sold”.