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ALFORD, MERONEY & CO. v. ROWE

No. 9228.

619 S.W.2d 210 (1981)

ALFORD, MERONEY & COMPANY, a Texas Partnership, Appellant, v. Don L. ROWE, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied July 31, 1981.

Attorney(s) appearing for the Case

Culton, Morgan, Britain & White, Don L. Patterson and Bill R. Moss, Amarillo, for appellant.

Templeton & Garner, Robert E. Garner and Charles R. Watson, Jr., Amarillo, for appellee.

COUNTISS, Justice.

The central issue in this breach of contract suit is whether, as the jury found and the judgment decreed, appellant Alford, Meroney & Company, a Texas partnership, (hereafter "the partnership") waived its right to enforce a penalty provision against appellee Don L. Rowe (hereafter "Rowe"), when he withdrew from the partnership and entered into competition with it. We affirm.

The partnership is a public accounting firm with offices in...

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