FOREMAN v. MYERS

No. 8590.

444 P.2d 589 (1968)

ED FOREMAN and Roy Foreman, Partners, d/b/a Valley Transit Mix, Atlas Land Co., Plaintiffs-Appellants, v. Robert F. MYERS, Defendant-Appellee. Robert F. MYERS and Catherine D. Myers, husband and wife, and Farmers & Merchants Bank, Counter-Plaintiffs-Appellees, v. Ed FOREMAN and ROY Foreman, Individually and as Partners, d/b/a Valley Transit Mix, Atlas Land Co., Barbara S. Foreman and Allene W. Foreman, Counter-Defendants-Appellants.

Supreme Court of New Mexico.

August 26, 1968.


Attorney(s) appearing for the Case

Garland, Martin & Martin, Darden & Mechem, Las Cruces, for plaintiffs-appellants.

Sutin & Jones, Albuquerque, for defendants-appellees.


OPINION

CARMODY, Justice.

Plaintiffs sued to enjoin the defendants from violation of a covenant not to compete, which was a part of a contract to purchase a business. A counterclaim was filed, which sought to accelerate the balance due on certain promissory notes given pursuant to the agreement. The trial court dismissed the complaint and entered a decree in favor of the defendants on the counterclaim, from which this appeal follows.

The parties...

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