TRULY NOLEN EXTERMINATING, INC. v. BLACKWELL

No. 2 CA-CIV 3418.

125 Ariz. 481 (1980)

610 P.2d 483

TRULY NOLEN EXTERMINATING, INC., an Arizona Corporation, Plaintiff-Appellant, v. Al BLACKWELL and Nancy Blackwell, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 2.

April 22, 1980.


Attorney(s) appearing for the Case

Mesch, Marquez, Clark & Rothschild, P.C. by Tom R. Clark, Tucson, for plaintiff-appellant.

Feldman, Wolin & Mendelsohn, P.C. by Marvin Wolin, Tucson, for defendants-appellees.


OPINION

HATHAWAY, Chief Judge.

Appellant, Truly Nolen, brought suit against appellee, Al Blackwell, a former employee, for breach of a non-competition clause in an employment contract and for enforcement of a $5,000 liquidated damages clause. Truly Nolen appeals from the judgment entered against it after trial to the court sitting without a jury.

On appeal, appellant raises two questions: (1) Was a valid employment contract entered into and breached...

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