CITY PRODUCTS CORP. v. BERMAN

No. B-8521.

610 S.W.2d 446 (1980)

CITY PRODUCTS CORPORATION et al., Petitioners, v. Sydell BERMAN et al., Respondents.

Supreme Court of Texas.

Rehearing Denied January 14, 1981.


Attorney(s) appearing for the Case

McMahon, Smart, Wilson, Surovik & Suttle, Stanley P. Wilson and Elizabeth Thompson, Jack Sayles, Abilene, Nunn, Griggs & Steakley, Charles R. Griggs, Sweetwater, for petitioners.

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


POPE, Justice.

The question presented by this appeal is whether a covenant for noncompetition in a lease of the Ben Franklin Building in Colorado City, Texas, executed by the partners of A & I Levy Estates, a partnership, as lessors, was void because it violated the antitrust provisions of Section 15.02 of the Texas Business and Commerce Code. The trial court rendered judgment on a jury verdict, upholding the validity of the lease covenant. The court of civil...

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