Hibbett Sporting Goods, Inc. v. Biernbaum

Appellant, Hibbett Sporting Goods, Inc., brought suit to enjoin the appellees from leasing a portion of Regency Square Mall to Athletic Footwear, also referred to as Athlete's Foot. Hibbett had entered into a long-term lease with Biernbaum, one of the appellees, under which Hibbett claimed that the parties had orally agreed that Biernbaum would not lease space in Regency Square Mall to "another sporting goods business or sporting goods store." This Court, on a prior appeal, found that the "oral contract" was enforceable, Hibbett SportingGoods, Inc. v. Biernbaum, 375 So.2d 431 (Ala. 1979), and…