Woodward Insurance, Inc. v. White

I must respectfully dissent from the majority opinion. The opinion and decision of the Court of Appeals found at Woodward Insurance, Inc. v. White, (1981) Ind.App., 425 N.E.2d 258, should not be disturbed; likewise, as the Court of Appeals held, the summary judgment entered by the trial court should be affirmed.

The trial court granted White’s motion for summary judgment for three reasons:

1. The covenant not to compete lacked the consideration necessary to render it enforceable;

2. The covenant was not ancillary to and necessary for the main purposes of the agreement; and

3. The terms of the…