Christman v. Starr

Simons, J. (dissenting).

Respondent Christman, having the option to buy or sell the parties ’ partnership business, agreed to sell his interest to appellant Starr and received in payment, over and above the book value of the assets, the sum of $25,000 for *434good will. To insure the continued existence of this good will, a restrictive covenant was included in the contract prohibiting Christman from competing with the former partnership within a radius of 50 miles for 5 years.

After the sale and at a time when he worked for Lansco, Inc., Christman organized Don Christman, Inc. to engage in a…