Question
Walt Shoddy, the owner of ShoddyShoe Repair, was contemplating retirement. He therefore contracted to sell his business to Pauline Parker. ShoddyShoe Repair was located in
Walt Shoddy, the owner of ShoddyShoe Repair, was contemplating retirement. He therefore contracted to sell his business to Pauline Parker. ShoddyShoe Repair was located in Hoosierburg, Indiana, which has a population of 5,233. Besides containing a provision entitling Parker to use the ShoddyShoe Repair name for the business, the parties' contract included a clause that prohibited Shoddyfrom opening anycompeting shoe repair shop in Hoosierburg for a period of one year from the date of the parties' contract. Two months after the date of the contract (and one and one-half months after the sale of the business to Parker had been completed), Shoddygrew tired of retirement. As shoe repair had been his life's work, he opened up a shoe repair shop in Hoosierburg. Parker has sued him in an effort to obtain an injunction against his operation of the competing business, alleging a violation of the parties' contract. How is the court likelyto rule? Explain your reasoning.
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