Studdard v. Satcher, Chick, Kapfer, Inc.

Pope, Presiding Judge.

Plaintiff, a former stockholder, employee, officer and director of defendant corporation, brought suit against defendant alleging breach of the parties’ Purchase and Sale Agreement (Agreement). Defendant answered and counterclaimed, contending that plaintiff breached the non-solicitation provision of the Agreement. Plaintiff filed a motion for partial summary judgment, seeking to have the liquidated damages provision of the Agreement declared unenforceable as a penalty. Defendant responded and moved for partial summary judgment on this issue (i.e., that the trial court…