HAMRICK v. KELLEY

S90A0476.

260 Ga. 307 (1990)

392 S.E.2d 518

HAMRICK et al. v. KELLEY.

Supreme Court of Georgia.

Reconsideration Denied July 11, 1990.


Attorney(s) appearing for the Case

Dodson & Emerson, Joel E. Dodson, James R. Dollar, Jr., for appellants.

Donald R. Donovan, for appellee.


CLARKE, Chief Justice.

This is an action to enforce a covenant not to compete contained in a contract for the sale of a business.1 Among other things, the covenant prohibited competition by the sellers "in a seventy-five (75) mile radius of the Metro Atlanta, Georgia area."

The trial court held the restricted area to be too vague to be enforceable but "blue penciled" the covenant and enjoined competition within a fifty-mile radius...

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