BEVERAGE SYSTEMS v. BEVERAGE REPAIR

No. 316A14.

784 S.E.2d 457 (2016)

BEVERAGE SYSTEMS OF THE CAROLINAS, LLC v. ASSOCIATED BEVERAGE REPAIR, LLC, Ludine Dotoli, and Cheryl Dotoli.

Supreme Court of North Carolina.

March 18, 2016.


Attorney(s) appearing for the Case

Jones, Childers, McLurkin & Donaldson, PLLC, Mooresville, by Kevin C. Donaldson and Dennis W. Dorsey , for plaintiff-appellee.

Eisele Ashburn Greene & Chapman, PA, Statesville, by Douglas G. Eisele , for defendant-appellants.

Higgins Benjamin PLLC, by Jonathan Wall ; Greensboro, and Winslow Wetsch, PLLC, Raleigh, by Laura J. Wetsch , for North Carolina Advocates for Justice, amicus curiae.


The trial court in this case declined to enforce a covenant not to compete, even though the parties expressly agreed in their contract that a court could rewrite overbroad temporal and territorial limitations that would otherwise render the covenant unenforceable. We agree that the trial court correctly refused to amend the covenant...

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