Village Inn Pancake House of Mobile, Inc. v. Higdon

EMBRY, Justice.

Appeal by plaintiff below from judgment of the Circuit Court of Mobile County rendered after trial without jury on evidence adduced ore tenus. The provisions of the judgment complained of in this appeal denied rescission of that part of a stock redemption agreement containing a noncom-petition covenant and denied money judgment for plaintiff against defendant in the sum of $10,000 plus interest. We affirm.

Defendant Charles Higdon and wife owned fifty percent of the stock (30 shares) of Village Inn Pancake House of Mobile, an Alabama Corporation. Mr. and Mrs. Higdon managed the…