BERMAN v. CITY PRODUCTS CORP.

No. 5064.

579 S.W.2d 313 (1979)

Sydell BERMAN et al., Appellants, v. CITY PRODUCTS CORPORATION et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 12, 1979.


Attorney(s) appearing for the Case

Harold B. Berman, Toby L. Gerber, Berman, Fichtner & Mitchell, Dallas, Johnny M. Moore, Mays, Moore, Dickson & Roberts, Sweetwater, for appellants.

Stanley P. Wilson, Abilene, Joseph L. Rand, Chicago, Ill., Jack Sayles, Abilene, Charles R. Griggs, Nunn, Griggs, Beall & Wilks, Sweetwater, for appellees.


McCLOUD, Chief Justice.

The controlling question in this antitrust case is whether a husband, who signs a lease agreement containing a covenant restricting competition, owns a "property interest" in the premises leased, if the premises are owned by his wife as her separate property.

Plaintiff, City Products Corporation, and intervenors, Z. S., Inc., and Zeno R. Smith, sued defendants, Sydell Berman, individually...

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