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FRANCIS v. SCHLOTFELDT

No. 56,106

10 Kan. App. 2d 517 (1985)

704 P.2d 381

GENE W. FRANCIS, C.P.A., and RICHARD W. McKEE, C.P.A., d/b/a FRANCIS, McKEE & COMPANY, a partnership, Appellants, v. RANDY K. SCHLOTFELDT, Appellee.

Court of Appeals of Kansas.

Opinion filed March 7, 1985.

Attorney(s) appearing for the Case

Jack W. Shultz, of Shultz & Associates, P.A., of Dodge City, for appellants.

David L. Patton, of Patton & Kerbs, of Dodge City, for appellee.

Before SWINEHART, P.J., ABBOTT and PARKS, JJ.

PARKS, J.:

This action was brought by Gene W. Francis and Richard W. McKee, partners in an accounting firm, against Randy K. Schlotfeldt, a third withdrawing partner, to enforce provisions of their partnership agreement. The trial court held the provisions in question to be an unenforceable restrictive covenant and entered judgment for the defendant. Plaintiffs appeal.

The issue presented on appeal is whether the trial court erred

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