MIDLANDS TRANSPORTATION COMPANY v. Apple Lines, Inc.

This is a suit on a promissory note, but the real issue presented is the sufficiency of the evidence to- submit the questions of liability and damages to a jury for the alleged breach by the plaintiff of a covenant not to compete with the defendant. These issues were raised by the cross-petition of the defendant and the district court, holding that there was insufficient evidence to submit the case to a jury, directed a verdict for the plaintiff on the promissory note originally sued upon. We affirm the judgment of the district court.

The controversy here rose on an agreement by Apple Lines,…