Legal Question in Business Law in Missouri

non-compete

I'm being sued for breech of a no compete clause.The clause is for 3yrs (it has been only 1 1/2) and milage of 6 miles. I am over 7 miles away and have not contacted any previous clients, however 4 have come back to me(never having seen the other person). I am being sued for $5600 and have billed $1500. My main question is is mileage based on shortest street milage or as the crow flies? If the latter do I just need to pay the $5600 or can I negotiate since billing is $1500. And once paying,if need be, can I then contact former clients?

Thank you for your help.


Asked on 6/08/05, 6:29 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: non-compete

The answer to your questions about distance will be found, if at all, in the document you signed. Normally a non-compete agreement spells out the terms by which the mileage is measured. If the agreement is silent on this then the issue is ambiguous and the court will try to discern what the parties intended.

In short, you most likely need a lawyer to help you with this. Bill Hollander in Clayton is a good guy and someone I would go to with a problem like this. I don't know anyone in Fenton who could help you, but you're looking for someone who does some contract law work.

Good luck with this.

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Answered on 6/08/05, 6:56 am


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