Phillips v. Cox

On July 26, 1983, David R. Cox (defendant) sold to Jackie H. Phillips and Debra S. Phillips (plaintiffs) his sign-making business, which included both real and personal property and the nonexclusive right to use the name "David Cox Signs.” The contract entered into between the parties did not contain any noncompetition clause. Sometime in April of 1989, defendant opened a new sign-making business next door to the plaintiffs. Defendant named his business: "David R. Cox d/b/a Sign Design and Construction.” Defendant also listed his new business in the local telephone book.

On February 21, 1992,…