Legal Opinion

Rose v. Freeway Aviation, Inc.

Court of Appeals of Arizona

Decided October 5, 1978No. 2 CA-CIV 2892PublishedCited by 1 opinion

1Opinion of the Court

OPINION

RICHMOND, Chief Judge.

This is an appeal from a partial summary judgment on liability in favor of the plaintiff, Richard Rose, as tenant under a lease with Freeway Aviation, Inc. The determinative question is whether Freeway was obligated to rebuild a building after it had been destroyed by a windstorm.

On March 1,1970, the parties entered into a five-year lease of the building, which was to be used by Rose for airplane repair work. The lease provided in part:

“[Freeway] shall be responsible for the payment of all utilities on the leased premises as well as maintaining the leased premises…

2Cases cited9 opinions

  1. Eggen Et Ux. v. WetterborgOregon Supreme Court · 1951
  2. Anderson v. FergusonWashington Supreme Court · 1943
  3. Friedman v. Le NoirArizona Supreme Court · 1952
  4. Heart of America Lumber Co. v. BeloveCourt of Appeals for the Eighth Circuit · 1940
  5. Wroblewski v. Grand Trunk Western Railway Co.Indiana Court of Appeals · 1971

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Shoppes at Mirador Square LLC v. Wild Oats Markets IncorporatedDistrict Court, D. Arizona · 2023

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