Legal Question in Business Law in Ohio

Breach of Contract

I have a contract with past business partner that I can't compete in same business or anything to do with same business

for five years if I no longer work with him.

His part of the contract said he would pay me commission and could not fire me without cause ie. theft, lying, etc.

I didn't get paid after 1 1/2 years. When I asked him if he was making money he got mad and fired me and never paid me. (He was making money)

Since he breached his part of contract does that void contract or am I still obligated to my part of not competing in same business for 5 years?


Asked on 7/19/04, 8:02 am

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: Breach of Contract

His non-performance doesn't necessarily void the contract or render it's performance null. You're rights under the contract appear to be infringed and you should bring suit to enforce the payment agreements therein and challenge the termination. The non-compete may be unenforceable depending on how draconian it is, but you'd need to go to court to have it declared so. Best of luck.

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Answered on 7/19/04, 12:54 pm


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