WARD v. MIDCOM, INC.

Nos. 20008, 20015.

575 N.W.2d 233 (1998)

Dean WARD, Plaintiff and Appellant, v. MIDCOM, INC., Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 4, 1998.


Attorney(s) appearing for the Case

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, for plaintiff and appellant.

Monte Walz and Keith A. Gauer of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee.


SABERS, Justice.

[¶ 1.] This matter arises out of three contracts executed between the defendant corporation and an employee/shareholder. The disagreement centers on the enforceability of an amended stock purchase agreement and its noncompetition clause. The trial court ruled (1) the noncompetition provision was unenforceable, and (2) the amended stock purchase agreement was not severable and therefore also unenforceable. Midcom appeals (1) and Ward appeals ...

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