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ALTON v. TOWER CAPITAL CO., INC.

No. 14177.

123 Ariz. 602 (1979)

601 P.2d 602

Thomas ALTON and Sonya Rae Alton, husband and wife, Appellants, v. TOWER CAPITAL COMPANY, INC., an Arizona Corporation, Appellee.

Supreme Court of Arizona, In Banc.

October 11, 1979.

Attorney(s) appearing for the Case

Thomas Alton, Sedona, in pro. per.

Mangum, Wall, Stoops & Warden by Gerald W. Nabours, Flagstaff, for appellee.

GORDON, Justice:

This is an appeal from a judgment of the Superior Court in favor of plaintiff, Tower Capital Co., Inc. (Tower), awarding Tower a writ of restitution of its rental property, unpaid rent, attorney's fees and costs. Taking jurisdiction pursuant to 17A A.R.S., Arizona Rules of Civil Appellate Procedure, Rule 19(e), we reverse the judgment of the Superior Court.

In March of 1976, Tower leased office space in the Yavapai Savings Complex in Sedona...

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