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DVM CO. v. BRICKER

No. 16683-PR.

137 Ariz. 588 (1983)

672 P.2d 933

DVM CO., a joint venture, Plaintiff-Appellant, v. John BRICKER and Kathleen Bricker, his wife, dba Basket House, Defendants-Appellees.

Supreme Court of Arizona, In Banc.

Rehearing Denied December 6, 1983.

Attorney(s) appearing for the Case

Murphy & Posner by K. Bellamy Brown, Michael L. Murphy, Phoenix, for plaintiff-appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Redfield T. Baum, Phoenix, for defendants-appellees.

CAMERON, Justice.

We granted review of a memorandum decision of the Court of Appeals affirming the trial court's judgment holding that though there was a breach of a covenant of a lease, the breach was not "sufficiently material" to require a forfeiture of the lease. We have jurisdiction pursuant to Art. 6, § 5, Arizona Constitution. We reverse.

We consider the following issues:

1. While a forfeiture is pending in the courts, does acceptance...

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