REED v. HERREN

80-337.

423 So.2d 139 (1982)

Dock REED and Highland Racquet Club, Inc. v. Wade HERREN.

Supreme Court of Alabama.

Rehearing Denied November 19, 1982.


Attorney(s) appearing for the Case

William M. Acker, Jr. and Susan D. Doughton of Dominick, Fletcher, Yeilding, Acker, Wood & Lloyd, Birmingham, for appellants.

Joseph B. Mays, Jr. and Jere F. White, Jr. of Bradley, Arant, Rose & White, Birmingham, for appellee.


ALMON, Justice.

This is a contract case which involves a covenant not to compete and a cross claim alleging breach of warranty.

On July 1, 1974, Wade Herren entered into an agreement with the City of Birmingham whereby Herren was awarded the exclusive license to operate a tennis facility known as the Highland Racquet Club. The agreement was to terminate on June 30, 1979. It was amended May 28, 1976, but the termination date was not changed. In 1977, Dock Reed...

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