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BARRETT v. CURTIS

No. 16790.

407 S.W.2d 359 (1966)

Foy BARRETT, Appellant, v. Jesse C. CURTIS, Appellee.

Court of Civil Appeals of Texas, Dallas.

October 7, 1966.

Attorney(s) appearing for the Case

Parkhill, Watson & Grantham, Grand Prairie, for appellant.

Carter, Gallagher, Jones & Magee, Charles Gallagher and Ben Warder, Jr., Dallas, for appellee.

CLAUDE WILLIAMS, Justice.

This appeal is from a judgment awarding appellee actual and exemplary damages for breach of a restrictive covenant contained in a written sales contract.

On May 15, 1962 Foy Barrett sold and conveyed his automobile wrecker service business located in Grand Prairie, Texas to Jesse C. Curtis. The contract of sale imposed upon the seller the following restriction:

"That he, the said Foy Barrett, shall not at any time hereafter...

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