Diepholz v. Rutledge

PRESIDING JUSTICE COOK

delivered the opinion of the court:

This case presents the question whether an automobile dealer who has covenanted not to engage in the automobile business in a certain county may, nevertheless, solicit customers or advertise within that county.

In 1991, plaintiff Kenneth Diepholz purchased an automobile dealership located in Mattoon, Coles County, Illinois, from defendant George W. Rutledge. As part of the sales transaction, the parties signed a covenant not to complete, which provided in pertinent part:

"GEORGE W. RUTLEDGE, in exchange for the sum of $384,000.00 dollars…