Pepsi-Cola Metropolitan Bottling Co. v. Romley

OPINION

JACOBSON, Judge.

The main issue on the merits of this appeal is whether the trial court properly allowed parol evidence to be introduced to explain a “condemnation” clause contained in a lease between appellant, Pepsi-Cola Metropolitan Bottling Company (Pepsi- Cola) as lessee and appellee, Elias M. Romley (Romley) as lessor.

Although this issue arose out of a condemnation action brought by the State of Arizona, because of the proceedings in the trial court, the condemnor was not an active party litigant in the trial court and does not appear on appeal.

On June 17, 1972, the State of…