MARTINESI v. TIDMORE

2 CA-CV 88-0023.

158 Ariz. 53 (1988)

760 P.2d 1102

Ron MARTINESI, Plaintiff/Appellant, v. Hayden TIDMORE, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied July 27, 1988.


Attorney(s) appearing for the Case

Jeffrey H. Greenberg, Tucson, for plaintiff/appellant.

Little, Fisher, Siegel & Bellovin, P.C. by Robert Douglas Little, Tucson, for defendant/appellee.


OPINION

FERNANDEZ, Judge.

Appellant Ron Martinesi asserts that the trial court erroneously dismissed his suit against appellee Hayden Tidmore, contending that Tidmore can be held liable for breach of an option agreement even though Tidmore conveyed the property to a purchaser with notice of the option provision. We agree with appellant and reverse.

On October 26, 1976, Tidmore and Martinesi entered into a lease for a restaurant building in Amado, Arizona...

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