DVM Co. v. Bricker
Arizona Supreme Court
672 P.2d 933 (1983)
The Brickers (defendants) leased mall space from DVM Company (plaintiff) under a lease permitting sales of "Arizona Souvenirs" and requiring DVM's consent for any other use; DVM collected a percentage of sales from the Brickers and most other mall tenants. Without DVM's consent, the Brickers began selling T-shirts featuring movie and TV characters and slogans. DVM sued to terminate the lease; the trial court found the T-shirt sales violated the lease but concluded the violation wasn't substantial enough to justify forfeiture, and also excluded DVM's evidence that the T-shirt sales affected other tenants' sales. The court of appeals affirmed, and DVM appealed further.
Whether a landlord has the right to terminate a commercial lease when the tenant violates any provision of the lease, regardless of whether the breach is material.