Fairway Builders, Inc. v. Malouf Towers Rental Co.

OPINION

EUBANK, Judge.

The issues raised by the appeal and cross appeal in this complex case all involve an office building and garage constructed by appellant/cross appellee, Fairway Builders, Inc. (Fairway) for appellee/cross appellant, Malouf Towers Rental Co., Inc. (Malouf). The case was tried to the court without a jury, and no findings of fact or conclusions of law were requested or given. In this situation, we must affirm if possible “on any theory within the issues and supported by the evidence.” Gabitzch v. Cole, 95 Ariz. 15, 18, 386 P.2d 23, 25 (1963); Harmon v. Hanson’s Pump &…