Comer v. Burton-Lingo Co.

TEMPLETOH, Associate Justice.

The appellant, W. H. Comer, and one J. C. Morton were partners, and were engaged in business as dealers.in lumber at Cleburne, Texas. On October 5, 1895, they sold their stock in trade, together with the good will of the business, to the appellees, and at the same time entered into a written agreement with the appellees, which agreement reads as follows: “That we shall go out of said business, and that we will not, and that neither of us shall, go back in said business, or lumber business, or engage to work for any one in said business, or lumber business, and…