Rose v. Freeway Aviation, Inc.

585 P.2d 907 (1978)

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Rose v. Freeway Aviation, Inc.

Arizona Court of Appeals
585 P.2d 907 (1978)

SC

Facts

Freeway Aviation, Inc. (defendant) leased a building to Richard Rose (plaintiff). The lease provided that Freeway would maintain the building in at least the condition it was in at the time of the lease’s execution. A Freeway employee drove a truck into the building, extensively damaging the building’s doors and frame. Rose asked Freeway to repair the damage, but Freeway did not do so before a windstorm destroyed the entire building. Rose brought suit, seeking an order requiring Freeway to rebuild the building. Freeway argued that the destruction of the building terminated the lease. The trial court granted Rose summary judgment. Freeway appealed.

Rule of Law

Issue

Holding and Reasoning (Richmond, J.)

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