Cantrell v. Lemons

Two days later the parties went together to the office of an attorney in Canon City who, at their mutual request, prepared a deed for conveyance of the real estate involved. Thereafter, the attorney who had been so mutually employed prepared a proposed agreement between Cantrell and the Irelands providing that Cantrell, as part of the consideration for his sale of the business, should not, directly or indirectly, for a period of five years, engage in any like business to that sold within a specified area. Upon presentation of this instrument some time later to Cantrell for signature he refused to sign it and later commenced operation of a retail liquor store in a neighboring community. In September, 1946, the Irelands contracted to sell the real estate, fixtures and business to Norman Lemons, whereafter the business continued to be operated by Lemons, but the title was held by the Irelands pending full payment therefor.