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FOOD FOR HEALTH CO. v. 3839 JOINT VENTURE

No. 1 CA-CIV 4673.

129 Ariz. 103 (1981)

628 P.2d 986

FOOD FOR HEALTH CO., INC., aka Food for Health, Inc., an Arizona corporation, Plaintiff-Appellee, v. 3839 JOINT VENTURE, an Arizona entity; Russell B. Miller, Reba Miller, his wife; Anthony Schopp, Doris D. Schopp, his wife; Elaine E. Cohen, individually and as Personal Representative of the Estate of Phillip Cohen; Norman J. Fuchs, Rhoda L. Fuchs, his wife; Perry Mehlman, Shirleen Mehlman, his wife, Defendants-Appellants.

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

May 14, 1981.

Attorney(s) appearing for the Case

Monbleau, Vermeire & Turley, P.C., by Kent E. Turley, Phoenix, for plaintiff-appellee.

Jones, Teilborg, Sanders, Haga & Parks, P.C., by David L. Haga, Phoenix, for defendants-appellants.

OPINION

FROEB, Judge.

In 1970, the individual defendants (except the Mehlmans) entered into a contract for the purchase of improved real estate from Andrew P. and Mary J. Tell. A joint venture was formed for the development and management of the property. In 1972, a portion of the property was leased to plaintiff-appellee Food for Health which entered into possession of the premises to conduct its business. On November 7, 1975, the Tells and Continental Service...

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