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HERRING GAS CO., INC. v. WHIDDON

No. 90-CA-1140.

616 So.2d 892 (1993)

HERRING GAS COMPANY, INC. v. C. Gaston WHIDDON d/b/a South Mississippi LP Gas Company.

Supreme Court of Mississippi.

March 25, 1993.

Attorney(s) appearing for the Case

John L. Maxey, II, S. Mark Wann, Maxey Pigott Wann & Begley, Jackson, for appellant.

William E. Andrews, III, Purvis, for appellee.

Before HAWKINS, P.J., and McRAE and ROBERTS, JJ.

McRAE, Justice, for the Court:

This appeal challenges the final decision and judgment of the Chancery Court of Lamar County holding that the covenant not to compete executed by C. Gaston Whiddon, seller of a retail LP gas business to Curtis J. Dufour, III, was not enforceable by a subsequent purchaser. Finding error in the chancellor's application of pertinent legal standards, the case is reversed and rendered as to liability and remanded for a trial on damages, if...

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