COTE v. A.J. BAYLESS MARKETS, INC.

No. 1 CA-CIV 4761.

128 Ariz. 438 (1981)

626 P.2d 602

Robert T. COTE, Plaintiff-Appellant, v. A.J. BAYLESS MARKETS, INC., ABC Corporation; John Does 1-5, Defendants-Appellees.

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

Rehearing Denied March 5, 1981.

Review Denied April 7, 1981.


Attorney(s) appearing for the Case

Jack J. Rappeport, Tucson, for plaintiff-appellant.

Romley & Sherk by Roger T. Hargrove, Phoenix, for defendants-appellees.


OPINION

O'CONNOR, Judge.

This is an appeal by Robert T. Cote, the plaintiff in the trial court, from a summary judgment against him and in favor of A.J. Bayless Markets, Inc., the appellee, in an action brought by appellant as a successor-landlord against the appellee for breach of a tenant's covenants to repair and maintain the leased premises.

In reviewing a summary judgment, we must view the evidence in a light most favorable to the party opposing...

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