Stringer v. Herron

Goolsby, Judge:

This appeal concerns the enforceability of a covenant not to compete ancillary to an employment contract between two veterinarians, Fred Stringer and Walter Herron. The trial court upheld the covenant’s territorial restriction and enjoined Herron from practicing veterinary medicine within the proscribed area. It also awarded Stringer $30,000 in “liquidated damages.” Herron appeals. We reverse.

Herron and Stringer entered into a written employment contract on July 1, 1985. The contract, which was to begin on July 1, 1986, and to end on July 1, 1991, contained the following…