First National Bank of Arizona v. Otis Elevator Co.

DONOFRIO, Judge.

This is on motion for rehearing in the above entitled case (former opinion 2 Ariz.App. 80, 406 P.2d 430). We filed our opinion on October 11, 1965, and Otis Elevator, in its motion for rehearing, took exception to our decision, as well as our reasoning. We feel that our opinion might lead the casual reader to the belief that Otis Elevator’s liability is based upon a breach of warranty on the sale of the elevator, and a breach of warranty upon the maintenance contract. The cross-complaint of the cross-plaintiff, First National Bank of Arizona, stated in part as follows: “5. By…