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WILLIAM HENRY BROPHY COLLEGE v. TOVAR

No. 1 CA-CIV 4244.

127 Ariz. 191 (1980)

619 P.2d 19

WILLIAM HENRY BROPHY COLLEGE, an Arizona non-profit Corporation; and Roger T. Hargrove, Personal Representative of the Estate of Anastasia Nealon, also known as Anastasia Mercer, deceased, Plaintiffs-Appellants, v. Oscar TOVAR and Joe Tovar, dba Empress Twin Cinema, Defendants-Appellees.

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

Rehearing Denied September 26, 1980.

Review Denied October 7, 1980.

Attorney(s) appearing for the Case

Romley & Sherk by Robert O. Dyer, Phoenix, for plaintiffs-appellants.

Richard J. Hertzberg, Phoenix, for defendants-appellees.

OPINION

EUBANK, Presiding Judge.

This is an appeal from a judgment in favor of the defendant tenants in a forcible detainer action, and from an order denying plaintiff landlord's motion for a new trial. The questions involved are the applicability of the Statute of Frauds, the sufficiency of a memorandum to comply therewith, and the permissibility of asserting the defense of part performance in a forcible detainer action.

Appellant Brophy College is...

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