Stalcup v. Eastham

*239ABBOTT, Justice.

This is an appeal from a suit heard before the court without a jury, interpreting a written contract.

On April 20, 1953 appellant (plaintiff below), sold and delivered to appellees (defendants below) the Dr. Pepper Bottling Company, together with all rights, title and franchise, as well as personal property; the franchise covering Howard, Martin, Midland, Ector, Crane, Glasscock, Borden, Andrews and Dawson counties. In the contract of sale, there appeared the following clause:

“4. Second Party covenants and agrees not to engage in any form of the soft drink bottling or vending…