Hawkins Chemical, Inc. v. McNea
North Dakota Supreme Court
1Opinion of the Court
PEDERSON, Justice.
The issues presented upon this appeal are:(1) Whether an over-broad, non-competition agreement is void or valid, but should be enforced only in a one-county area as permitted by statute.(2) Whether or not there is an obligation to pay for an over-broad, non-competition agreement if it is held to be void. We conclude that the non-competition agreement in this case is not void but is, instead, enforceable in Ward County. We further conclude that Hawkins is obligated to pay the remaining sum due under the contract. The judgment is reversed in part, affirmed in part, and…
2Cases cited5 opinions
- Mahlstedt v. FugitCalifornia Court of Appeal · 1947
- Igoe v. Atlas Ready-Mix, Inc.North Dakota Supreme Court · 1965
- Olson v. SwendimanNorth Dakota Supreme Court · 1932
- Mandan-Bismarck Livestock Auction v. KistNorth Dakota Supreme Court · 1957
- Hawkins Chemical, Inc. v. McNeaNorth Dakota Supreme Court · 1982
3Cited by9 opinions
- Lire, Inc. v. Bob's Pizza Inn Restaurants, Inc.North Dakota Supreme Court · 1995
- Earthworks, Inc. v. SehnNorth Dakota Supreme Court · 1996
- Spectrum Emergency Care, Inc. v. St. Joseph's Hospital & Health CenterNorth Dakota Supreme Court · 1992
- Warner Co. v. SolbergNorth Dakota Supreme Court · 2001
- Herman v. Newman Signs, Inc.North Dakota Supreme Court · 1987
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