Daniel E. and Karen A. Harkins - Page 8

                                        - 8 -                                         
          I.   Evidentiary Issue                                                      
               At trial, respondent objected generally to the proposed                
          testimony of Ron Goodson, a general manager from the Pepsi-Cola             
          Bottling Group of Arizona.  Petitioners presented his testimony             
          for the purpose of addressing and interpreting certain terms in             
          the agreement.  Respondent argued that Mr. Goodson's testimony              
          was an attempt by petitioners to vary or contradict the written             
          terms of the agreement in violation of Arizona's parol evidence             
          rule.  Petitioners, on the other hand, contended that Mr. Goodson           
          was to testify in a manner consistent with the agreement, and               
          therefore the introduction of parol evidence for the purpose of             
          interpreting the intent of the parties was proper under Arizona             
               The Court allowed Mr. Goodson to testify conditionally for             
          the purpose of evaluating whether his testimony would be in                 
          conflict with Arizona's parol evidence rule and reserved ruling             
          on respondent's objection.  We briefly describe Mr. Goodson's               
          relevant testimony.                                                         
               Mr. Goodson testified that during the 60-day period                    
          following the end of each 6-month period of the agreement, Pepsi            
          investigated whether the theater company was in compliance with             
          the agreement.  He, however, described only the investigation               

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011