HUSTAD v. EDWIN K. WILLIAMS & CO.-EAST

No. 74-1264.

321 So.2d 601 (1975)

James O. HUSTAD and Joan M. Hustad, Appellants, v. EDWIN K. WILLIAMS & CO.-EAST, Doing Business As Marcoin Management Services, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 3, 1975.


Attorney(s) appearing for the Case

John A. Gentry, III of Moyle, Gentry, Jones & Flanigan, P.A., West Palm Beach, for appellants.

James T. Schoenbrod of Aurell & Huck, P.A., Miami, and William B. Le Cates of Carlisle & Tworoger, Fort Lauderdale, for appellee.


OWEN, Judge.

Appellee, the franchisor under a certain franchise agreement, sued appellants, the franchisees, alleging the latter's default and seeking specific performance of certain "buy out" and "noncompete" provisions of the agreement. Appellants counterclaimed alleging that it was the franchisor who had defaulted and seeking monetary damages resulting from such alleged breach. The counterclaim was severed and tried to a jury on the issues of whether the franchisor...

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