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DBA ENTERPRISES, INC. v. FINDLAY

No. 94CA1116.

923 P.2d 298 (1996)

DBA ENTERPRISES, INC.; William R. Allen; and Dorothy A. Allen, Plaintiffs-Appellees, v. Lauretta FINDLAY and James Findlay, Individually and d/b/a Acres Green Maintenance, Defendants-Appellants.

Colorado Court of Appeals, Div. V.

Rehearing Denied March 7, 1996.

Certiorari Denied September 3, 1996.

Attorney(s) appearing for the Case

Robert J. Cunningham, Englewood, for Plaintiffs-Appellees.

Boris, Nemkov & Jahde, P.C., Larry Boris, Denver, for Defendants-Appellants.

Opinion by Judge ROY.

In this action relating to the sale of a business, defendants, Lauretta and James Findlay (Sellers), appeal from the judgment of the trial court holding that they materially breached a covenant not to compete with plaintiffs, DBA Enterprises, Inc., William R. Allen, and Dorothy Allen (Purchasers), and awarding damages. Sellers, in addition, appeal the denial of their counterclaim to enforce a promissory note given by Purchasers in partial payment...

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