dissenting:
I must dissent.
Where a trial court has directed a verdict in a nonjury case, the trial court’s decision will not be reversed unless it is contrary to the manifest weight of the evidence. (Fields v. Sax (1984), 123 Ill. App. 3d 460, 463, 462 N.E.2d 983, 986.) For a finding or judgment to be against the manifest weight of the evidence, an opposite conclusion must be clearly evident. (Dutton v. Roo-Mac, Inc. (1981), 100 Ill. App. 3d 116, 122, 426 N.E.2d 604, 609.) Such is not the case here.
Covenants not to compete are to be strictly construed and interpreted and any doubts or ambiguities must be resolved in favor of the natural rights and against restriction. (Hagerty, Lockenvitz, Ginskey & Associates v. Ginzkey (1980), 85 Ill. App. 3d 640, 643-44, 406 N.E.2d 1145, 1147.) Moreover, it appears that the agreement in question, including the restrictive covenant, was prepared by Bill Russell, through his attorney, and the rule is that a written instrument is construed most strongly against the person who prepared it. Crest Commercial, Inc. v. Union-Hall, Inc. (1968), 104 Ill. App. 2d 110, 243 N.E.2d 652, 656.
The trial judge noted that the restrictive covenant “does not say that the seller will not engage in the business of procuring and moving magnetite.” The covenant only refers to the seller agreeing “he will not engage in the business of trucking, hauling, general moving and storage” in the agreed area. It seems to me that this language is not in any way ambiguous; but even if it were, there is nothing in the record that indicates it meant anything other than Jim’s not going into the trucking business. I take a view similar to the trial court that selling and delivering magnetite simply does not violate the covenant. Notwithstanding the strained reasoning of the majority, we are bound to strictly construe covenants not to compete and any ambiguities must be resolved in favor of natural rights and against restriction.
Therefore, I cannot say that the judgment of the trial court is manifestly against the weight of the evidence, and I would affirm the trial court’s granting a directed verdict in favor of defendants Jim Russell, Donna Russell and Jim Russell Supply, Inc.