MIDDLETON v. WALLICHS MUSIC & ENTERTAINMENT CO.

No. 1 CA-CIV 2242.

24 Ariz. App. 180 (1975)

536 P.2d 1072

Charles MIDDLETON dba TV Leo's and Trudy Middleton, his wife, Appellants, v. WALLICHS MUSIC AND ENTERTAINMENT COMPANY, INC., dba Wallichs Music City, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

June 19, 1975.


Attorney(s) appearing for the Case

Brown & Galasky by Andrew G. Galasky, and Cunningham, Goodson & Tiffany, Ltd., by John F. Goodson, Phoenix, for appellants.

Perry & Head by Dale A. Head, Phoenix, for appellees.


OPINION

HAIRE, Chief Judge, Division 1.

On this appeal we are required to determine whether the trial judge erred in directing a verdict against appellants' claim for intentional interference with appellants' claimed rights under a restrictive competition covenant in the lease. The covenant in question reads as follows:

"Lessor hereby covenants and agrees that it will not enter into a lease with any tenant if the tenant is primarily engaged in a television...

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