Buckingham Tool Corp. v. Evans

Prom a dismissal of plaintiff’s suit to recover damages for breach of a non-competition agreement and from a denial of a motion for new trial, plaintiff appeals.

The principal defendant in this suit, Joseph Evans, owned the Evans Tool and Die Co. (“Evans Co.”) along with his wife, Mary, his son, Robert, and his daughter, Dorothy Rankin. In late 1961, Joseph Evans became desirous of getting his money out of the business and retiring. His son Robert, however, wished to continue the business. In order to accomplish both purposes, it was decided that Evans Co. would redeem all of its outstanding…