Ditus v. Beahm

Prior to November 20, 1947, the parties to this action were partners in a business known as Burlington Livestock Sales Company, operating at Burlington, Colorado. On that date plaintiffs in error, who were plaintiffs below, entered into a written contract for the purchase of defendant’s interest in said business for a valuable consideration. The contract contained a provision that defendant would not “enter into any livestock pavilion business, either directly or indirectly, within a radius of fifty miles of Burlington, Colorado, within a period of fifty years from date.”

Defendant allegedly,…