GREENSTEIN v. SIMPSON

No. 10-82-143-CV.

660 S.W.2d 155 (1983)

Allen R. GREENSTEIN, Appellant, v. Ernest Ray SIMPSON, et al., Appellees.

Court of Appeals of Texas, at Waco.

Rehearing Denied November 23, 1983.


Attorney(s) appearing for the Case

Vance Dunnam, Dunnam, Dunnam, Horner & Meyer, Waco, for appellant.

Hilton H. Howell, Naman, Howell, Smith & Lee, P.C., Waco, for appellees.


OPINION

THOMAS, Justice.

If an invalid covenant not to compete is breached, can the maker of a note, given as consideration for the invalid covenant, establish partial failure of consideration as a defense pro tanto and reduce the principal of the note by the amount of consideration which failed as a result of the breach? This appeal poses this principal question, which we answer in the affirmative, and we affirm the judgment of the trial court.<...

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