MUSTANG EQUIPMENT, INC. v. WELCH

No. 13040-PR.

115 Ariz. 206 (1977)

564 P.2d 895

MUSTANG EQUIPMENT, INC., a corporation, Appellant, v. Ronald G. WELCH, Appellee. Ronald G. WELCH, Appellant and Cross-Appellee, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, Appellee and Cross-Appellant.

Supreme Court of Arizona, En Banc.

May 4, 1977.


Attorney(s) appearing for the Case

Renaud, Cook, Miller & Cordova by John H. Seidel, Phoenix, for appellant.

John R. Elliott, Phoenix, for appellant and cross-appellee.

Fennemore, Craig, von Ammon & Udall by Roger C. Mitten and Ruth V. McGregor, Phoenix, for appellee and cross-appellant.


HAYS, Justice.

We are asked in this case to decide whether the nondisclosure of a pretrial covenant not to execute, made between the plaintiff and one of three codefendants, has any effect on, 1) the trial litigated without the knowledge that such pretrial agreements existed, and 2) the validity and enforceability of the covenant itself as between the agreeing parties.

This case comes to us on a petition for review. The facts and procedural background necessary...

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