Legal Opinion

Herrington v. Hall

Missouri Court of Appeals

Decided September 22, 1981No. WD 32466PublishedCited by 13 opinions

1Opinion of the Court

MANFORD, Presiding Judge.

Appellants seek equitable enforcement of a contractual covenant not to compete and damages for the breach thereof. Trial was had to the court without a jury. The judgment is reversed and the cause remanded with directions.

Two points of error are presented, which in summary charge the trial court erred by holding that (a) the non-compete clause was unreasonable and unenforceable and (b) damages were too speculative.

In 1969, Jim Tharp commenced operating a motor service business named Vee Village. In addition to servicing Volkswagen automobiles, the business included a…

2Cases cited27 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Coonis v. RogersSupreme Court of Missouri · 1968
  3. John Roane, Inc. v. TweedSupreme Court of Delaware · 1952
  4. Mills v. MurrayMissouri Court of Appeals · 1971
  5. Willman v. BehelerSupreme Court of Missouri · 1973

22 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Osage Glass, Inc. v. DonovanSupreme Court of Missouri · 1985
  2. A.B. Chance Co. v. SchmidtMissouri Court of Appeals · 1986
  3. Ranch Hand Foods, Inc. v. Polar Pak Foods, Inc.Missouri Court of Appeals · 1985
  4. Mo-Kan Central Recovery Co. v. HedenkampMissouri Court of Appeals · 1984
  5. Gasser v. John Knox VillageMissouri Court of Appeals · 1988

8 more not listed; retrieve them via the Exa API.

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