Dunn v. Ward

McFADDEN, Judge, Pro Tem.

The appellant, Barry Dunn, brought this action alleging that the respondent, Duane Ward, had breached a noncompetition covenant which was included in a contract executed in 1977 for the sale of Ward’s wholesale wood stake business to Dunn. Following trial, the court entered judgment in favor of Ward on the basis that Dunn had failed to prove damages to a reasonable certainty.

On appeal, Dunn contends the trial court erred (a) in applying the wrong standard for determining damages; (b) in not awarding damages for diminution of “goodwill;” and (c) in not awarding…