Bonney v. NORTHERN ARIZONA AMUSEMENT COMPANY

UDALL, Justice.

Whether a mutual covenant in the contract before us — restricting the parties from engaging in a competitive business for a stated period of years in a given territory— is violative of our statute, is the sole question now to be determined.

It has always been the policy of the common law to foster trade and promote free competition; most states, including Arizona, have statutes prohibiting, within certain limits, monopolies and combinations of capital, skill, or acts in restraint of trade or tending to suppress competition.

The facts, which are not in dispute, may be summarized…