PLUNKETT v. REEVES APOTHECARY, INC.

No. 13377.

351 So.2d 867 (1977)

James L. PLUNKETT, Plaintiff-Appellant, v. REEVES APOTHECARY, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

October 31, 1977.


Attorney(s) appearing for the Case

Walker, Holstead & Smith by R. Wayne Smith, Ruston, for plaintiff-appellant.

Davenport, Files, Kelly & Marsh by Thomas W. Davenport, Jr., Monroe, for defendant-appellee.

Before BOLIN, HALL and JONES, JJ.


JONES, Judge.

Plaintiff appeals a decision in this declaratory judgment proceeding rejecting his demand to declare unenforceable a "noncompetition" provision in the "Bill of Sale" of plaintiff's drug store business to defendant. We affirm.

On July 1, 1972, plaintiff sold his drug store business, including inventory and fixtures, for $60,000. The sale contained the following noncompetition clause:

"In further consideration of the aforementioned sum...

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