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SCHULDES v. WUBBOLDING

No. 1 CA-CIV 1307.

15 Ariz. App. 527 (1971)

489 P.2d 1229

Jack R. SCHULDES et al., Appellants and Cross-Appellees, v. Paul WUBBOLDING, Executor of the Estate of Horace E. Comer, Deceased, et al., Appellees and Cross-Appellants.

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

Rehearing Denied December 1, 1971.

Attorney(s) appearing for the Case

Rawlins, Ellis, Burrus & Kiewit, by Chester J. Peterson, Phoenix, for appellants and cross-appellees.

Jennings, Strouss & Salmon, by Jon L. Kyl, Phoenix, for appellee and cross-appellant Paul Wubbolding, Executor of the Estate of Horace E. Comer, Deceased.

Thomas W. Murphy, Phoenix, for appellees and cross-appellants Martori and Talamini, a co-partnership doing business as The Steak House.

EUBANK, Judge.

This appeal primarily involves the construction of the provisions of a written lease and the duties and obligations of the parties arising therefrom. A question is also raised concerning this Court's jurisdiction to consider the lessors' cross-appeal.

On December 14, 1967, the plaintiffs in the trial court being appellees, cross-appellants here and referred to as the "lessors", filed their complaint...

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