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BRYCELAND v. NORTHEY

No. 1 CA-CV 88-081.

160 Ariz. 213 (1989)

772 P.2d 36

John BRYCELAND dba Johnny B's Disc Jockey Express, Plaintiff-Appellee, v. Barry NORTHEY and Jane Doe Northey, husband and wife, and Jonathan L. Malvin and Jane Doe Malvin dba Maestro Entertainment Services, Defendants-Appellants.

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

April 4, 1989.

Attorney(s) appearing for the Case

Steven T. Augenstein, Mesa, for plaintiff-appellee.

John D. Lewis, Tempe, for defendants-appellants.

OPINION

KLEINSCHMIDT, Judge.

This case presents questions about the construction and application of language in a contract that the appellee characterizes as a covenant not to compete. We agree that the language constitutes such a covenant, but we find that the restriction it creates is unreasonably broad and should not be enforced. We therefore reverse the judgment.

FACTS AND PROCEDURAL HISTORY

John Bryceland, dba Johnny B's Disc Jockey Express...

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