Glenna Hopper, D.v.m., Appellant (defendant) v. All Pet Animal Clinic, Inc., a Wyoming Corporation; and Alpine…

Summary

The court held that the employment covenant was supported by separate consideration supplied by a later pay increase and that its restriction on small-animal practice within five miles of Laramie was reasonable. The three-year duration was an unreasonable restraint, but the court adopted partial enforcement and reduced it to one year, remanding for a conforming judgment. The court also upheld the denial of lost-profit damages because the employers failed to prove net losses with reasonable certainty. Justice Cardine, dissenting, would have treated the covenant as supported from the beginning and required enforcement of at least the one-year restriction beginning with the modified judgment.