Cooper (D) sold his business to Stewart. In the sales contract, D agreed not to compete with Stewart within 100 miles of the company for 10 years. Stewart sold the business to Gidden (P). D reentered the sand and gravel business in violation of the noncompete clause. P sued to enforce the noncompete clause. D contended that the agreement was personal and could not be assigned. The court found for P. D appealed.

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