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VOCC v. NUCKOLL'S CONCRETE SERVICE

No. 97-1614.

599 N.W.2d 684 (1999)

VAN OORT CONSTRUCTION COMPANY, INC., Jerry Van Oort, Casey Van Oort, and Jeff Wangsness, Appellants, v. NUCKOLL'S CONCRETE SERVICE, INC., Appellee.

Supreme Court of Iowa.

Rehearing Denied September 27, 1999.

Attorney(s) appearing for the Case

Jonathan C. Wilson and Kris Holub Smith of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for appellants.

Denis Y. Reed of the Reed Law Office, Des Moines, and Colin C. Murphy, Des Moines, for appellee.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, TERNUS, and HARRIS, JJ.

TERNUS, Justice.

Appellee, Nuckoll's Concrete Service, Inc., purchased the assets of appellant, Van Oort Construction Company, Inc. Subsequently, Nuckoll's stopped making payments under a collateral noncompete agreement, claiming that Van Oort Construction and appellant, Jerry Van Oort, had breached the covenant not to compete. Appellants then brought this action for breach of contract; Nuckoll's filed a counterclaim. The trial court ruled that the Van Oort parties...

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