Posted: September 13th, 2017

Business Law Case Study

Business Law Case Study
Case:
Johnson was a CPA with a tax practice in Paradise, a small town in the Western Sierra Mountains of California. Bryant, also a CPA, approached Johnson about buying Johnson’s business. Johnson agreed to a price of $210,000. Bryant brought over a contract and a cashier’s check to Johnson’s office. The contract stated Bryant was buying the business for $210,000, payable that day (Sept 1) and that Johnson would have to refrain from practicing public accounting in the City of Paradise and twenty-five miles in all directions of Johnson’s current office for a period of seven years. The contract was integrated, both signed on Sept 1 and Johnson deposited the check in his bank account.
Three months later, Bryant found out Johnson was preparing to lease an office five miles outside of town and was going to open a tax practice. Bryant contacted Johnson and Johnson confirmed that he planned on opening an office. Bryant reminded Johnson of the non-compete agreement and Johnson told Bryant that he did not recall ever discussing or agreeing to the term, but in any event, it would not be enforceable because contracts that limit competition are not enforceable and illegal in state and federal courts.
Bryant filed suit requesting an injunction against Johnson the following week.
Indicate who should prevail and explain why. Make sure you explain all relevant issues and indicate if the agreement being integrated will have anything to do with the outcome. The website has a suggested approach in answering the case – it is recommended you review that before answering. Issue/Decision/Support for your decision/Dissent
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