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$________ AWARD Contract – Tortious interference with non-compete contract – Violation of non-compete agreement in sale of bar – Loss of profits.

Broward County, FL

The plaintiff alleged that he purchased a bar from the individual defendant with the inclusion of a non-compete clause in the sales contract. The plaintiff claimed that the defendant breached the non-compete clause by opening another bar two blocks away. The defendants, which included the individual defendant and his new company, maintained that the plaintiff breached the sales contract and, therefore, the non-compete clause was invalid and that the plaintiff did not suffer any damages due to the defendant’s actions.

The plaintiff contended that the defendant’s opening of a competing bar two blocks away breached the non-compete clause of their sales contract and took business from the plaintiff. The plaintiff utilized the “yardstick” rule to argue that a portion of the profits made by the defendant’s competing bar should have gone to the plaintiff.

The defendants argued that the plaintiff failed to pay the final $________ of the $________ purchase price for the bar and was, therefore, in breach of contract. Accordingly, the defense maintained that the non-compete clause was not enforceable.The case was tried as a bench trial. The defendant consented to a damage award of $________ after the court indicated that it would find in favor of the plaintiff on liability.

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