Mann v. Cherry, Bekaert and Holland

I concur only in the result of this case. In my view, while it was not argued by either party, the portion of this contract dealing with consideration is severable from the portion dealing with the covenants not to compete and the trial court could have found that under paragraph eighteen of the contract, consideration for the defendant's covenant not to compete had been paid, as an offset against the amount due under paragraph nineteen. E.C. Ernst, Inc. v. ManhattanConstruction Co. of Texas, 387 F. Supp. 1001 (S.D.Ala. 1974),aff'd in part, reversed in part on other grounds, 559 F.2d 268 (5th…