Cummings v. Vaughn

OPINION

TODD, Presiding Judge, Middle Section.

The captioned defendant has appealed from a non-jury judgment in favor of the captioned plaintiff in the amount of $41,862 for liquidated damages for violation of a non-compete covenant.

The defendant presents the following issues for review:

1. Whether Chancery Court can rewrite a contract instead of following the plain language of the contract.

2. Since non-competition clauses are not favored in Tennessee, whether or not the non-competition clause will be strictly construed against the party seeking to enforce the clause in the absence of a showing…