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ROSE v. FREEWAY AVIATION, INC.

2 CA-CIV 2892.

120 Ariz. 298 (1978)

585 P.2d 907

Richard ROSE, a married man, Plaintiff/Appellee, v. FREEWAY AVIATION, INC., an Arizona Corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

October 5, 1978.

Attorney(s) appearing for the Case

Johnson, Dowdall & Terry by Richard J. Dowdall, Tucson, for plaintiff/appellee.

Mesch, Marquez & Rothschild, P.C. by Douglas H. Clark, Jr., Tucson, for defendant/appellant.

OPINION

RICHMOND, Chief Judge.

This is an appeal from a partial summary judgment on liability in favor of the plaintiff, Richard Rose, as tenant under a lease with Freeway Aviation, Inc. The determinative question is whether Freeway was obligated to rebuild a building after it had been destroyed by a windstorm.

On March 1, 1970, the parties entered into a five-year lease of the building, which was to be used by Rose for airplane repair work. The lease...

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