Gold Messenger, Inc. v. McGuay

Opinion by

Judge DAVIDSON.

Defendant, Jesse MeGuay, d/b/a Shear Power and Penny Saver, appeals from the trial court’s order issuing a preliminary injunction enjoining him from publishing, distributing, or circulating any advertising publication in competition, directly or indirectly, with plaintiff, Gold Messenger, Inc. Defendant maintains that the covenant not to compete that supports the injunction is void under § 8-2-113(2), C.R.S. (1986 Repl.Vol. 3B) as an improper restraint on trade. He also contends that the covenant not to compete, even if valid, is unenforceable against him because he…