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SULLENGER v. SHAW

No. 2 CA-CIV 1368.

20 Ariz. App. 193 (1973)

511 P.2d 206

Charles F. SULLENGER, Doris Boldman, Gilbert Sullenger, Marie Beach, and Francis Welker, Appellants, v. Leroy SHAW and Betty Jean Shaw, husband and wife, and Ewing Mattress & Manufacturing Co. of Tucson, a domestic corporation, Appellees.

Court of Appeals of Arizona, Division No. 2.

Rehearing Denied September 6, 1973.

Review Denied October 9, 1973.

Attorney(s) appearing for the Case

Messing, Hirsh & Franklin, P.C., by William Messing, Tucson, for appellants.

Bernard Weinstein, Tucson, for appellees.

HOWARD, Judge.

On July 18, 1966, the appellants, plaintiffs below, entered into a lease on a building and lot at 727 South Park Avenue, Tucson, Arizona. The term was for ten years, commencing October 1, 1966. The rent specified by the lease was in the total sum of $110,816.40, payable at the rate of $923.40 per month.

The lease contained the following paragraph:

* * * * * * "The parties of the second part agree neither to assign this lease...

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