B & Y METAL PAINTING, INC. v. BALL

No. 48578.

279 N.W.2d 813 (1979)

B & Y METAL PAINTING, INC., Appellant, v. Delphus H. BALL, Respondent.

Supreme Court of Minnesota.

May 11, 1979.


Attorney(s) appearing for the Case

Barnett, Ratelle, Hennessy, Vander Vort, Stasel & Herzog and W. Scott Herzog, Minneapolis, for appellant.

John G. Bell, St. Paul, for respondent.

Heard before OTIS, TODD, and KENNEDY, JJ., and considered and decided by the court en banc.


TODD, Justice.

In 1971, defendant, Delphus H. Ball, sold the assets of his metal painting corporation to plaintiff, B & Y Metal Painting, Inc., and entered into a covenant not to compete. In July 1975, Ball started a competing business in the same building occupied by B & Y. B & Y sought damages. The trial court found that defendant had violated the covenant not to compete, but held that plaintiff had failed to establish any damages. We reverse the trial...

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