[Download] "Dushoff V. Phoenix Co." by Arizona Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Dushoff V. Phoenix Co.
- Author : Arizona Court of Appeals
- Release Date : January 26, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The Phoenix Company (Phoenix) brought an action alleging a breach of a lease against Jay Dushoff (Dushoff). The trial court granted Phoenix's motion for summary judgment. Dushoff claims that the trial court committed error in granting the summary judgment because three affirmative defenses were advanced that were questions of fact and should not have been decided on a motion for summary judgment. Dushoff as an affirmative defense alleged that Phoenix failed to comply with the express provisions of the lease to give notice of default to Dushoff before suit was brought; that Phoenix failed to mitigate its damages as provided in the lease; and that there was an abandonment of the premises by the lessee, Dushoff, coupled with a retaking by the lessor since the Phoenix Company attempted to lease the premises for its own benefit and not for Dushoff's. "In determining whether summary judgment should have been granted, neither the trial court nor the appellate court weigh evidence, and the matters presented are considered in the most favorable aspect to the party opposing the motion." Hall v. Motorists Ins. Corp., 109 Ariz. 334, 336, 509 P.2d 604, 605-606 (1973).
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