Harvey v. Aubrey
Arizona Supreme Court
87 P.2d 482 (1939)

- Written by Sean Carroll, JD
Facts
Robert and Nell Harvey (defendants) leased certain real property from John Aubrey (plaintiff). Aubrey sued the Harveys to recover possession on the ground that the lease had ended. At trial, the Harveys’ attorney sought to argue that because the parties’ lease contained a renewal provision, the court could infer that a lease renewal was executed. The trial court did not allow the attorney to make this argument. The trial court entered a judgment in favor of Aubrey. The Harveys appealed.
Rule of Law
Issue
Holding and Reasoning (Lockwood, J.)
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