Alford, Meroney & Co. v. Rowe

COUNTISS, Justice.

The central issue in this breach of contract suit is whether, as the jury found and the judgment decreed, appellant Alford, Meroney & Company, a Texas partnership, (hereafter “the partnership”) waived its right to enforce a penalty provision against appellee Don L. Rowe (hereafter “Rowe”), when he withdrew from the partnership and entered into competition with it. We affirm.

The partnership is a public accounting firm with offices in a number of Texas and New Mexico cities. Rowe became a partner in 1971 as the result of a merger between the partnership and another accounting…