Aztec Film Productions, Inc. v. Quinn

OPINION

RICHMOND, Judge.

Appellant was awarded damages for breach of a covenant not to compete, but appeals from the trial court’s failure to enforce the forfeiture clause in the agreement between the parties. Appellee has perfected a cross appeal from the judgment against him.

Testimony disclosed that Ken Byrnes and appellee operated the business known as Aztec Film Productions as a partnership for seven or eight years before incorporating in May 1971 as Aztec Film Productions, Inc. In April 1973 they agreed to go their separate ways, with the corporation purchasing appellee’s stock. A written…