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GERONIMO HOTEL & LODGE v. PUTZI

No. CV 86 0163-PR.

151 Ariz. 477 (1986)

728 P.2d 1227

GERONIMO HOTEL & LODGE, an Arizona limited partnership, Plaintiff/Appellant/Cross-Appellee, v. Roger PUTZI and Angela E. Putzi, husband and wife, Defendants/Appellees/Cross-Appellants.

Supreme Court of Arizona.

November 21, 1986.

Attorney(s) appearing for the Case

Kerry, Schocket & Dusenberry by Robert A. Kerry, Tucson, for plaintiff/appellant/cross-appellee.

Norris L. Ganson, Tucson, for defendants/appellees/cross-appellants.

FELDMAN, Justice.

Defendant Roger Putzi, as lessor, agreed to lease real property to plaintiff, Geronimo Hotel and Lodge (Geronimo). The leased parcel was community property, owned by Roger Putzi and his wife, Angela (defendants). Geronimo could not enforce the lease because Angela did not sign it, subsequently disaffirmed it, and refused to accept payment. A.R.S. § 25-214. However, the lease warranted both title and the purported lessor's authority to enter...

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