Boggs v. Couturier

Defendant, Dr. David Couturier, appeals as of right from an order entered September 19, 1980, granting plaintiff, Dr. George Boggs, partial summary judgment and denying defendant partial summary judgment. The effect of the order was to deny defendant’s affirmative defense that Article VIII of the parties’ partnership agreement, which restricted defendant’s practice of veterinary medicine upon termination of the partnership, was void and unenforceable because it violated MCL 445.761; MSA 28.61.

Plaintiff began practicing veterinary medicine at the Clay-Mar Veterinary Clinic in Owosso in…