LOEW v. ANTONICK

No. 6052.

82 Ariz. 204 (1956)

310 P.2d 825

Edmund LOEW, Appellant, v. George S. ANTONICK and Kate Z. Antonick, his wife, Appellees.

Supreme Court of Arizona.

April 30, 1956.


Attorney(s) appearing for the Case

Udall & Udall and Paul G. Rees, Jr., and Ackerman & Ares, Tucson, for appellant.

Silver, Silver & Ettinger, Tucson, for appellees.


HENRY C. KELLY, Superior Court Judge.

The action was begun by appellant, as plaintiff, to recover payments made by his predecessor in interest, as lessee, to appellees as lessors, for the rent of the last five months of a five-year term, the tenant having defaulted in the payment of current rent near midway of the term and the possession having been retaken by the landlord. The claim is that these payments have unjustly enriched the landlord, that it is inequitable...

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