Persinger & Co. v. Larrowe

By Judge Duncan M. Byrd, Jr.

This matter was heard by the Court on March 22, 1994. At the conclusion of the evidence, the Court took the matter under advisement pending a review of the law and evidence. The Court has now done so.

The plaintiff, Persinger & Co. (“Persinger”) seeks a declaratory judgment that the defendant, Michael D. Larrowe, is bound by the terms of Persinger’s General Partnership Agreement. Specifically, Persinger seeks a declaratory judgment that Larrowe is bound by the covenant not to compete contained in Article 24 of the General Partnership Agreement.

Persinger is a general…