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CAMPBELL v. WESTDAHL

No. 1 CA-CIV 7587.

148 Ariz. 432 (1985)

715 P.2d 288

John F. CAMPBELL, Jr. and Susan Campbell, his wife, Plaintiffs Counter-defendants-Appellees, v. Gordon K. WESTDAHL and Lola Sandra Westdahl, his wife; Raymond Klemp and Jane Doe Klemp, his wife; John Does I-X and Jane Does I-X, dba K & W Investment Company, a general partnership; Roe Partnership I-X; Black Corporations I-X, Defendants Counter-claimants-Appellants.

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

Reconsideration Denied March 12, 1986.

Attorney(s) appearing for the Case

Killian, Legg, Nicholas & Fischer by Charles W. Wirken, Mesa, for plaintiffs counterdefendants-appellees.

Tanner & Associates by James L. Tanner, Phoenix, for defendants counterclaimants-appellants.

OPINION

JACOBSON, Judge.

The basic issue raised by this appeal is whether the law will imply a condition of reasonableness upon a lessor's consent to an assignment where the lease is silent as to how the consent is to be exercised.

In 1976 the appellee John F. Campbell, Jr., entered into a written agreement with Altair Investment Company to lease property in the Westwood Plaza Shopping Center in Mesa, Arizona to be used as a plant nursery. The parties...

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