TPS Freight Distributors, Inc. v. Texas Commerce Bank-Dallas

OPINION

JOE SPURLOCK, II, Justice.

This is an appeal from a contract cause of action based on a covenant not to compete. In this case of first impression in Texas, the issue is whether a covenant not to compete terminates upon the death of the covenantor. The trial court found the covenant did not terminate and granted summary judgment for the appellees. Appellants bring forth six points of error.

We affirm.

On December 16, 1985, TPS (“appellants”) purchased the assets of a company called TPS Distributors/Consolidators, Inc. (“Distributors”). The sellers of Distributors had earlier purchased this…