Johnny's, Inc. v. Njaka

OPINION

KLAPHAKE, Judge.

The trial court granted respondent’s motion to rescind a stipulation of dismissal which had been entered into by the parties in 1983 in settlement of respondent’s suit alleging appellant’s breach of contract, unfair competition and trademark infringement. Appellant now challenges the effect of the rescission.

FACTS

In 1976, appellant Chinyere Ike Njaka (Njaka) purchased the assets of the business known as Pilgrim Cleaners at its University Avenue and Olson Highway locations. The purchase specifically excluded “the trade name Pilgrim Cleaners, the corporate shell, accounts…