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IGOE v. ATLAS READY-MIX, INC.

No. 8192.

134 N.W.2d 511 (1965)

James J. IGOE, Plaintiff and Respondent, v. ATLAS READY-MIX, INC., and Atlas, Inc., Defendants, and Atlas, Inc., Defendant and Appellant.

Supreme Court of North Dakota.

April 14, 1965.

Attorney(s) appearing for the Case

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for defendant and appellant.

Zuger, Zuger & Bucklin, Bismarck, for plaintiff and respondent.

ERICKSTAD, Judge.

This is an appeal by defendant Atlas, Inc., from a judgment of the District Court of Burleigh County in favor of the plaintiff, James J. Igoe.

In seeking relief by way of a declaratory judgment, the plaintiff sought to have declared null and void and unenforceable the provision in a contract between Atlas Ready-Mix, Inc., as seller, and Atlas, Inc., as buyer, which Igoe signed as chairman of the board of the seller and agreed not to "engage...

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