Akron Pest Control v. Radar Exterminating Co.

Smith, Judge.

We granted appellants’ application for interlocutory review to address the question of whether an agreement “not to solicit, either directly or indirectly, any current or past customers” of appellee may possibly be construed as requiring appellants to turn away clearly unsolicited business.

The underlying facts are not in material dispute. In December 1990, appellant Donald Sellers redeemed his 3,300 shares of common stock in Active Pest Control, Inc., pursuant to a Stock Redemption Agreement. Nonparty Donald Lackey then became sole shareholder of Active, which has since merged…