KOHLMAN v. CAHILL

No. 13084-a-REM.

301 N.W.2d 664 (1981)

L. A. KOHLMAN, Richard L. Bierschbach, and David S. Anderson, Plaintiffs and Appellants, v. Neil CAHILL, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 21, 1981.

Rehearing Denied February 26, 1981.


Attorney(s) appearing for the Case

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiffs and appellants.

James A. Wyly of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for defendant and appellee.


MORGAN, Justice.

This case involves an agreement for the sale of appellee's partnership interest to appellants. The suit was commenced by appellants against appellee seeking injunctive relief and declaratory judgment that they not be required to pay the $7,000 allocated in the purchase price to goodwill, due to appellee's alleged violations of the agreement, particularly the covenant not to compete contained therein. The trial court ordered summary judgment for appellee...

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