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DOWNING v. JACOBS

No. 12445.

578 P.2d 243 (1978)

99 Idaho 127

Marlin L. DOWNING, Plaintiff-Respondent, v. Gale W. JACOBS and Patsy J. Jacobs, husband and wife, Defendants-Appellants.

Supreme Court of Idaho.

May 2, 1978.

Attorney(s) appearing for the Case

Bert L. Osborn of Welch & Osborn, Payette, for defendants-appellants.

John K. Gatchel of Gatchel & Batt, Payette, for plaintiff-respondent.

PER CURIAM.

On March 9, 1976, defendant-appellant Gale Jacobs sold Jake's Auction, an auction building located in Payette, Idaho, to plaintiff-respondent Marlin Downing. In conjunction with the sale the parties signed a covenant not to compete that provided as follows: "Section 1. Covenant. [Appellant] shall not compete with [respondent] by operating an auction house within a 50-mile radius of the city of Payette, Idaho, for a period of two years after the...

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