Legal Opinion
Stewart Title & Trust v. Pribbeno
Court of Appeals of Arizona
Decided February 23, 1981No. 2 CA-CIV 3725PublishedCited by 3 opinions
1Opinion of the Court
OPINION
HATHAWAY, Chief Judge.
Appellee (landlord) brought suit for breach of a lease for professional offices on East Broadway in Tucson. After trial to the court, without a jury, judgment was entered for landlord.
Appellants (tenants) raise two questions on appeal: (1) Was there a constructive eviction? (2) Did landlord fail to mitigate damages? We answer both questions in the negative.
The premises in question had been leased by tenants or their predecessors as a real estate and insurance office since September 1, 1968, with options to renew for terms of years. Landlord attaches significance…
2Cases cited12 opinions
- Hirsch v. Merchants National Bank & T. Co. of Ind.Indiana Court of Appeals · 1975
- Barnes v. LopezCourt of Appeals of Arizona · 1976
- Stone v. SullivanMassachusetts Supreme Judicial Court · 1938
- Froling v. BischoffMichigan Court of Appeals · 1977
- Circle K Corp. v. RosenthalCourt of Appeals of Arizona · 1977
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tempe Corporate Office Building v. Arizona Funding Services, Inc.Court of Appeals of Arizona · 1991
- Next Gen Capital, LLC v. Consumer Lending Associates LLCCourt of Appeals of Arizona · 2013
- Argyros v. Island Storage & Marine LLCDistrict Court, D. Arizona · 2021