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ROBERT G. BENEKE & CO., INC. v. COLE

No. 19160.

550 S.W.2d 321 (1977)

ROBERT G. BENEKE & CO., INC., Appellant, v. Bobby Ray COLE, Appellee.

Court of Civil Appeals of Texas, Dallas.

March 30, 1977.

Attorney(s) appearing for the Case

H. Louis Nichols, Saner, Jack, Sallinger & Nichols, Dallas, for appellant.

Schuyler B. Marshall, Stephen F. Fink, Thompson, Knight, Simmons & Bullion, Dallas, for appellee.

ROBERTSON, Justice.

Robert G. Beneke & Co. sued for liquidated damages for breach of a restrictive covenant in an employment contract executed by Beneke and Bobby Ray Cole, appellee. After a nonjury trial, the court found that Cole had violated the restrictive covenant, but declined to award liquidated damages because the contractual provision therefor constitutes a penalty. Beneke appeals and contends that the trial court's finding that the contract contained...

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