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MAC ENTERPRISES v. DEL E. WEBB DEVELOPMENT

No. 1 CA-CIV 4726.

132 Ariz. 331 (1982)

645 P.2d 1245

MAC ENTERPRISES, INC., an Arizona corporation, Plaintiff-Appellee, v. DEL E. WEBB DEVELOPMENT CO., an Arizona corporation, Defendant-Appellant.

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

Rehearing Denied April 7, 1982.

Review Denied April 27, 1982.

Attorney(s) appearing for the Case

John D. Lewis, P.C. by John D. Lewis, Tempe, for plaintiff-appellee.

Kaplan, Jacobowitz, Hendricks & Bosse, P.A. by Henry Jacobowitz, Phoenix, for defendant-appellant.

OPINION

EUBANK, Judge.

Del E. Webb Development Co. (Webb) appeals from the summary judgment in favor of Mac Enterprises, Inc. (Mac) on the issue of Webb's liability, as landlord of the primary lease, to Mac, the sublessee of Webb's tenant — Sun City Pro Shops (Pro Shops), arising out of the termination of Mac's sublease.

Webb raises three issues on appeal: (1) whether part performance takes the sublease...

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