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PEPSI-COLA METROPOLITAN BOTTLING CO. v. ROMLEY

No. 1 CA-CIV 3401.

118 Ariz. 565 (1978)

578 P.2d 994

PEPSI-COLA METROPOLITAN BOTTLING COMPANY, INC., a New Jersey Corporation, Appellant, v. Elias M. ROMLEY, Appellee.

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

Rehearing Denied March 24, 1978.

Review Denied April 25, 1978.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Nicholas Udall, Robert E. Hurley, Richard B. Burnham, Phoenix, for appellant.

Moore & Romley by Elias M. Romley, Arthur E. Romley, Phoenix, for appellee.

OPINION

JACOBSON, Judge.

The main issue on the merits of this appeal is whether the trial court properly allowed parol evidence to be introduced to explain a "condemnation" clause contained in a lease between appellant, Pepsi-Cola Metropolitan Bottling Company (Pepsi-Cola) as lessee and appellee, Elias M. Romley (Romley) as lessor.

Although this issue arose out of a condemnation action brought by the State...

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