Cafe Associates, Ltd. v. Gerngross

Finney, Justice:

Appellant Rainer R. Gerngross appeals an order granting Respondent Cafe Associates’ motion for summary judgment. We affirm.

This action commenced when respondent filed an action against appellant seeking damages and an injunction prohibit ing appellant from any further breach of a Covenant Not to Compete. On December 30, 1986, the parties executed an Asset Purchase Agreement whereby respondent agreed to purchase Cafe Europa, a restaurant, from the appellant. The purchase price was $700,000, of which $650,000 was allocated for assets and $50,000 for a Covenant Not to Compete.…