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FAIRWAY BUILDERS, INC. v. MALOUF, ETC.

No. 1 CA-CIV 3318.

124 Ariz. 242 (1979)

603 P.2d 513

FAIRWAY BUILDERS, INC., an Arizona Corporation, Appellant, v. MALOUF TOWERS RENTAL CO., INC., an Arizona Corporation, Appellee.

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

Rehearing Denied August 28, 1979.

Review Denied September 25, 1979.

Attorney(s) appearing for the Case

Law Offices of Frederick E. Kallof by Frederick E. Kallof, Sandra L. Massetto, Phoenix, for appellant.

Streich, Lang, Weeks & Cardon, P.A. by Dan M. Durrant, Robert E. Miles, Phoenix, for appellee.

OPINION

EUBANK, Judge.

The issues raised by the appeal and cross appeal in this complex case all involve an office building and garage constructed by appellant/cross appellee, Fairway Builders, Inc. (Fairway) for appellee/cross appellant, Malouf Towers Rental Co., Inc. (Malouf). The case was tried to the court without a jury, and no findings of fact or conclusions of law were requested or given. In this situation, we must affirm if possible "on any theory...

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