SHAKEY'S INCORPORATED v. MARTIN

No. 9845.

430 P.2d 504 (1967)

SHAKEY'S INCORPORATED, Plaintiff-Appellant, v. Charles J. MARTIN and Mary Lou Martin, husband and wife, Roy Moore, Marvin K. Moore, Boise Pizza Corporation, and Idaho Falls Specialty Foods, Inc., Defendants-Respondents.

Supreme Court of Idaho.

July 19, 1967.


Attorney(s) appearing for the Case

Clemons, Skiles & Green, Boise, and Howard, Prim, Smith, Rice & Downs, San Francisco, Cal., for appellant.

Richards, Haga & Eberle, Boise, for respondent.


McFADDEN, Justice.

Presented for resolution by this appeal is the issue of the validity of the following clause contained in a franchise agreement dated September 25, 1961, between Shakey's Incorporated, appellant, as franchisor, and Charles J. Martin, one of the respondents, designated as the vendee-franchisee, Martin later having assigned the agreement to respondent Boise Pizza Corporation:

"Upon termination of...

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