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BOBO v. JOHN W. LATTIMORE, CONTRACTOR

No. 1 CA-CIV 1192.

12 Ariz. App. 137 (1970)

468 P.2d 404

Mark BOBO and Mabel P. Bobo, husband and wife, Emile C.R. Clemens and Charlotte Clemens, husband and wife, Appellants, v. JOHN W. LATTIMORE, CONTRACTOR, a corporation, Arizona Parking Lot Service, Inc., a corporation, R.W. Craven, d/b/a Craven Electric Co., Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied May 14, 1970.

Review Denied June 16, 1970.

Attorney(s) appearing for the Case

Perry, Coulter & Head, by Allan K. Perry, Phoenix, for appellants.

T. Gale Dake, Phoenix, for appellee Craven Electric Co.

Richard S. Berry, Tempe, for appellee Arizona Parking Lot Service, Inc.

Gibbons, Kinney & Tipton, by C. Richard Potts, Phoenix, for appellee John W. Lattimore, Contractor.

EUBANK, Presiding Judge.

This appeal questions whether a perfected mechanics' and materialmen's lien, authorized by A.R.S. § 33-981,1 can be foreclosed against real property owned by a lessor for construction of improvements made on the leased property by his lessee.

The facts are undisputed. The record shows that the appellants, hereafter referred to as lessors, were owners of three lots located at 1729-1735 East Van Buren...

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