BARNES v. TOWNLEY

No. 41648.

448 P.2d 468 (1968)

Forrest L. BARNES and Mary Jeane Goldsby, Plaintiffs in Error, v. S.E. TOWNLEY, Leon Townley and R.C. Townley, a co-partnership, d/b/a Townley Dairy, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied January 7, 1969.


Attorney(s) appearing for the Case

George L. Verity, Brown, Verity & Brown, Oklahoma City, for plaintiffs in error.

Townley & Cassil, Marian P. Opala, Oklahoma City, for defendants in error.


HODGES, Justice.

This appeal involves a construction of one paragraph (numbered 8) in a written contract dated July 1, 1958, of the sale of a dairy business. The plaintiffs, as sellers, agreed that for a period of five years they would not engage in a competitive business. One of the plaintiffs (Barnes) agreed that during the same five-year period, he would "counsel and advise in good faith with the purchasers in order that...

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