Mobley v. Moore

This case is before us by original petition for writ of mandamus to Judge Ferrill D. McRae. Petitioners Richard H. Moore and The Dixie Co., Inc., claim Judge McRae abused his discretion in granting a jury trial in the case of John W.Mobley and Forest B. Brooks v. Richard H. Moore and The DixieCompany, the petitioners.

The complaint in Mobley et al. v. Moore et al., filed June 9, 1976, alleges that in 1964 Moore leased a quick foods restaurant to Mobley and Brooks. A clause in the lease states that the lessor agrees not to open a similar place of business within 2 miles of the restaurant during…