Arizona Chuck Wagon Service, Inc. v. Barenburg

KRUCKER, Chief Judge.

The plaintiff-appellant originally brought an action seeking injunctive relief against several defendants and damages for breach of contract against appellees-Barenburg. Trial upon plaintiff’s claim for damages-before the Honorable Warren McCarthy resulted in a judgment for defendants. Plaintiff’s motion for a new trial was denied. Arizona Chuck Wagon has appealed from this judgment and the denial of a new trial.

The plaintiff’s claim is based upon a contract between the plaintiff and defendants, the pertinent part of which provided that the sellers (defendants) would not…