STEWART TITLE & TRUST OF TUCSON v. PRIBBENO

No. 2 CA-CIV 3725.

129 Ariz. 15 (1981)

628 P.2d 52

STEWART TITLE & TRUST OF TUCSON, an Arizona Corporation as Trustee under Trust No. 1183, Plaintiff/Appellee, v. Howard PRIBBENO and Mary K. Pribbeno, husband and wife; and Shadron Realty, Inc., an Arizona Corporation, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 19, 1981.

Review Denied April 14, 1981.


Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Gary F. Howard, Tucson, for plaintiff/appellee.

John Price, Tucson, for defendants/appellants Pribbeno.

Donald Estes, Tucson, for defendant/appellant Shadron Realty.


OPINION

HATHAWAY, Chief Judge.

Appellee (landlord) brought suit for breach of a lease for professional offices on East Broadway in Tucson. After trial to the court, without a jury, judgment was entered for landlord.

Appellants (tenants) raise two questions on appeal: (1) Was there a constructive eviction? (2) Did landlord fail to mitigate damages? We answer both questions in the negative.

The premises in question had been leased by tenants...

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