DVM Co. v. Bricker
Arizona Supreme Court
672 P.2d 933 (1983)
John and Kathleen Bricker (defendants) leased a store in a mall from DVM Company (plaintiff). DVM obtained a percentage of sales from the Brickers and most other tenants in the mall. The lease permitted the Brickers to sell “Arizona Souvenirs” and stated that DVM’s consent was required prior to the Brickers’ use of the premises for any other purposes. Without DVM’s consent, the Brickers began selling T-shirts depicting movie and television characters and related slogans. DVM brought suit, claiming that these sales violated the lease. At trial, DVM sought to present evidence that the T-shirt sales affected the sales of other mall tenants. The trial court sustained the Brickers’ objection on this point. The trial court held that the T-shirt sales violated the lease, but that the violation was not so substantial so as to warrant forfeiture of the lease. The court of appeals affirmed. DVM appealed.
Rule of Law
Holding and Reasoning (Cameron, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.