Herring Gas Co. v. Pine Belt Gas, Inc.


<- Return to Search Results


Docket Number: 2007-CA-01554-SCT
Linked Case(s): 2007-CA-01554-SCT

Supreme Court: Opinion Link
Opinion Date: 02-12-2009
Opinion Author: Waller, C.J.
Holding: Affirmed

Additional Case Information: Judge(s) Concurring: Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ.
Concur in Part, Concur in Result 1: Dickinson, J. without separate written opinion.
Procedural History: Bench Trial
Nature of the Case: CIVIL - CONTRACT

Trial Court: Date of Trial Judgment: 08-20-2007
Appealed from: MARION COUNTY CHANCERY COURT
Judge: Johnny Lee Williams
Disposition: The chancellor concluded that: (1) the noncompete clause was not enforceable against Rutland by Herring Gas; (2) even if the noncompete clause was enforceable by a subsequent purchaser, in this instance, Rutland’s employment contract was not properly assigned to Herring Gas; (3) the asset-purchase agreement between Broome Gas and Herring Gas absolved Herring Gas of any responsibility to Broome Gas’ employees; (4) the asset-purchase agreement clearly excluded all assets and liabilities not set forth in the agreement, and Rutland’s employment contract was not included in the assets transferred; (5) the document purporting to be an assignment of Rutland’s employment contract to Herring Gas failed for lack of consideration; and (6) Rutland’s noncompete agreement terminated upon the closing of the sale, as Broome Gas was no longer in the gas distribution business and it would have been impossible for Rutland to compete with a company no longer in operation.
Case Number: 2006-0336-G-W

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: HERRING GAS COMPANY, INC.




PAUL H. KIMBLE, JOHN L. MAXEY, II, HEATHER M. ABY



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: PINE BELT GAS, INC., LLOYD BROOM, JASON STRINGER, STEVEN STRINGER AND JIMMY RUTLAND DAVID M. OTT, KRIS A. POWELL  


    Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court