Battistella entered into a contract to sell her veterinarian business to Martin. The sales agreement included a covenant not to compete for a period of five years and within a radius of 15 miles. This agreement included a prohibition on all veterinarian-related practices. Battistella filed a declaratory judgment regarding the enforceability of the noncompetition clause because she wanted to open a veterinary health resort. Martin fi led a counterclaim alleging that Battistella would be in breach of contract if she opened the health resort because Martin would no longer receive the “goodwill” of the business, which amounted to $5,000 of the purchase price. Do you think that the noncompetition clause was void and unenforceable? Why or why not?
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