- 13 - accurately valued at $76,000, CPC, and not petitioner, must have promised not to compete. Petitioners' contention that the cov- enant not to compete had little or no value flies in the face of the parties' stipulation that "the $76,000 value placed upon the covenant not to compete in the purchase contract was an accurate value of the covenant." On the present record, petitioners have failed to show why they should be relieved of that stipulation. See Rule 91(e). As for their contention that petitioner's inten- tion to retire and his actual retirement at the time the purchase contract was executed would have made any agreement by him not to compete of little or no value, petitioners have failed to prove that petitioner was certain that he wanted to retire or that he would remain retired. In fact, the option to repurchase con- tained in the purchase contract recited that petitioner was "not * * * entirely sure" that he wanted to retire. Petitioner also testified that it was his son, Donald C. Chiappetti, who insisted that petitioner execute the covenant not to compete in his in- dividual capacity, presumably because of his son's concern about future competition from his father. Based on the instant record, we have no basis for finding that the covenant not to compete, which by its terms binds only petitioner, and not CPC, should have been valued at some amount other than the $76,000 that petitioner, CPC, and Donald C. Chiappetti allocated to it in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011