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In: Business and Management

Submitted By masstrocar
Words 309
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Mr. W. Fireworks, Inc. v Ozuna
2009 Texas App Lexis 8237
Court of Appeals of Texas
Fourth District
San Antonio, 2009

Statement of Facts

The parties involved entered into a contract. Mr. W leased a portion of land from Ozuna for the purpose of selling fireworks. Due to redistricting and city ordinances, the annexation of land the lease was cancelled. Two years later due to disannexation, the property was reconfigured and Ozuna reentered into a contract with another.
Key terms to the contract were as follows:
** In the event the sale of fireworks on the aforementioned is and shall not become unlawful during this period in the lease and the term granted, this lease shall become void.

** Lessors agree not to sell or lease any part of said property including any adjoining, adjacent, contiguous property to any person(s) or corporation for the purpose of selling fireworks in competition to the Lessee during the term of the lease and for a period of ten years after lease is terminated.
Mr. W sued for breach of contract, stating the 10 year clause.

Statement of Issue
Does Mr. W have the sole right to lease the property once the annexation occurred, then the disannexation of city limits. Also the fact that the sale of fireworks are illegal during some points during the contract are noteworthy but is it reason enough to void the contract wholly.

Analysis
Whether or not the fireworks are illegal is not the issue. Is the ten year non-compete clause binding? My ruling, it is not. Once this contract had been dissolved and two years have passed, this contract is null and void. Mr. W has moved to another location and has a viable business. Ozuna should not suffer the loss of income in rental property and was not legally bound any longer by this…...

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