Barb has been a children's day-care provider for several years in the small town of Sallton. She has decided to give it all up and move to the big city for excitement and adventure. She sells her business to Ken, agreeing not to open a competing business within two miles of Sallton for a period of six months. After four months of the big city life, Barb is broke and moves back to Sallton. She opens a new day-care business. Ken sues on the noncompete clause. What is the most likely result?

Barb has been a children's day-care provider for several years in the small town of Sallton. She has decided to give it all up and move to the big city for excitement and adventure. She sells her business to Ken, agreeing not to open a competing business within two miles of Sallton for a period of six months. After four months of the big city life, Barb is broke and moves back to Sallton. She opens a new day-care business. Ken sues on the noncompete clause. What is the most likely result?