Loe v. Murphy

ROBERTSON, Justice.

This is a suit on a note given by defendant Loe to plaintiff Murphy for the purchase of plaintiff’s auto repair business. Plaintiff moved for summary judgment and defendant filed his answer to the motion, supported by an affidavit, asserting that the parties had a prior or contemporaneous oral agreement that plaintiff would not compete with defendant and that if such competition occurred, defendant’s liability on the note would cease. His answer and affidavit also asserts that plaintiff has es tablished a competing business and thus a genuine issue of material fact exists…