Hemstreet v. Warlick

Plaintiff brought this suit to enjoin defendant, a former partner of plaintiff, from operating a motel in violation of a noncompetition agreement. Plaintiff also sought an accounting for any profits defendant made in building and operating the motel. The trial court ordered defendant to dispose of his interest in the motel and further ordered him to account to plaintiff for his profits. Defendant appeals. We review de novo.

The facts of the case are largely undisputed. From 1969 to 1972 plaintiff, defendant, and others formed numerous partnerships for the purpose of building, renting, and…