DIEPHOLZ v. RUTLEDGE

No. 4-94-1091.

659 N.E.2d 989 (1995)

276 Ill.App.3d 1013

213 Ill.Dec. 643

Kenneth DIEPHOLZ and Ken Diepholz Chevrolet, Inc., Plaintiffs-Appellants, v. George W. RUTLEDGE, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

December 29, 1995.


Attorney(s) appearing for the Case

Richard L. James, Paris, for Kenneth Diepholz.

Ralph D. Glenn, Glenn & Logue, Mattoon, for George W. Rutledge.


Presiding Justice COOK delivered the opinion of the court:

This case presents the question whether an automobile dealer who has covenanted not to engage in the automobile business in a certain county may, nevertheless, solicit customers or advertise within that county.

In 1991, plaintiff Kenneth Diepholz purchased an automobile dealership located in Mattoon, Coles County, Illinois, from defendant George W. Rutledge. As part of the sales transaction, the parties...

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