Dairyland, Inc. v. Jenison

McCORMICK, Justice.

The narrow question in this case is whether trial court erred in interpreting its own prior injunctive decree enforcing a non-competition covenant by holding sale of an “imitation frozen dessert” was encompassed within the decretal prohibition against defendants’ engaging in competition with plaintiff or selling “frozen or semi-frozen dairy products.” We affirm.

As a result of litigation growing out of a covenant not to compete in a Dairy Queen franchise agreement, plaintiff Dairyland, Inc., was on April 10, 1972, awarded a decree enjoining defendants Daryl L. Jenison and…