Mann v. Cherry, Bekaert and Holland

This appeal comes to us from the Circuit Court for Jefferson County. The dispute between the parties involves the validity of a contract for the purchase and sale of an accounting practice. The contract contained a mutual non-competition covenant. Although the trial court held that the non-competition covenant was void under Code 1975, § 8-1-1, it, nevertheless, upheld the remainder of the contract, thereby requiring William C. Mann (defendant) to pay Cherry, Bekaert Holland (plaintiff) the agreed purchase price. From that judgment, the defendant appealed.

The dispositive issue on this appeal…