Question
Barry, who owns a chain of successful home and garden pest extermination supplies stores in the five boroughs of New York City called Bug-Away Supplies,
Barry, who owns a chain of successful home and garden pest extermination supplies stores in the five boroughs of New York City called “Bug-Away Supplies,” agrees to sell all of his stores and the accompanying goodwill to Pete, who owns a competing store chain called “Pete’s Extermination Supplies,” for $3 million. Pete operates many stores throughout New York City and new Jersey. The written and signed contract ha the following provision: “Barry agrees not to own or operate any pest extermination supplies stores within the United States for a period of 2 years following the sale of Bug-Away Supplies to Pete”. Three months after the sale was completed, Barry opened two new business ventures. First, he opened up a new pest extermination supplies store in Queens, New York City. Second, because he will now spend his winters in Florida, he opened up a similar store in Miami, Florida. Pete has learned of these new ventures.
A. What are Pete’s rights regarding the new business in Queens and the new business in Florida?
B. What remedies, if any, are available to Pete?
Step by Step Solution
3.38 Rating (160 Votes )
There are 3 Steps involved in it
Step: 1
A When Barry sold his store to Pete he has signed for a noncompete agreement w...Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started