Wilkinson v. Sample

Edgerton, J.*

Steven G. Wilkinson and Joseph R. Young bought Power Clean Service from Darrell K. Sample. This was a business whose functions were to clean carpets, windows and furniture, to renovate properties damaged by smoke, fire and water, and to strip furniture for refinishing. The purchase price was $30,000, $5,000 of which was for inventory, fixtures and equipment; $10,000 was for a covenant not to compete; and $15,000 was "for the existing business acquired". In essence, the last was simply goodwill.

Paragraph 5 of the sale contract provided:

Assistance: The Seller hereby agrees to work…