William Henry Brophy College v. Tovar

OPINION

EUBANK, Presiding Judge.

This is an appeal from a judgment in favor of the defendant tenants in a forcible detainer action, and from an order denying plaintiff landlord’s motion for a new trial. The questions involved are the applicability of the Statute of Frauds, the sufficiency of a memorandum to comply therewith, and the permissibility of asserting the defense of part performance in a forcible detainer action.

Appellant Brophy College is the devisee of certain real property, described as 2337 and 2339 East McDowell Road, Phoenix, under the will of Anastasia Nealon, deceased.…