Kohlweiss, Inc. v. Smith
Appellant Donald Smith (Mr. Smith) sold his auto parts business to respondent Kohlweiss, Inc. (Kohlweiss). The sale agreement included a covenant not to compete. The trial court found that Mr. Smith had breached the covenant, and granted respondent rescission. Mr. Smith contends that: (1) the covenant was an invalid restraint of trade, and the trial courts statement of decision on that issue is inadequate; (2) in any event, he did not breach the covenant; and (3) Kohlweiss should not have been awarded costs in Mr. Smiths own action against Kohlweiss. Court reject all of these contentions, and affirm the judgment.
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