GRUBER v. CASTLEBERRY

No. 1 CA-CIV 2503.

23 Ariz. App. 322 (1975)

533 P.2d 82

Leonard GRUBER and Alberta Gruber, his wife, Appellants, v. D.D. CASTLEBERRY, Appellee.

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

March 25, 1975.


Attorney(s) appearing for the Case

Shultz and Worischeck, P.A. by Joseph H. Worischeck, Phoenix, for appellants.

Renaud, Cook, Miller & Cordova, P.A. by J. Gordon Cook, Phoenix, for appellee.


OPINION

EUBANK, Judge.

This appeal questions whether an oral notice of election to renew a written lease is enforceable under our Statute of Frauds.

Appellants were the lessees of a medical suite located in a building owned by the appellee. The written lease provided for a two-year tenancy and contained the following provision for renewal:

"It is further mutually agreed between the parties that the Lessees shall have

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