1. Home
  2. Browse Decisions
  3. Ariz.
  4. 162 Ariz.
  5. 162 Ariz. 26 (1988)
 

FOUNDATION DEV. v. LOEHMANN'S, INC.

No. 1 CA-CIV 9735.

162 Ariz. 26 (1988)

780 P.2d 1074

FOUNDATION DEVELOPMENT CORPORATION, an Arizona corporation, Plaintiff-Appellant, Cross-Appellee, v. LOEHMANN'S, INC., a New York corporation, Defendant-Appellee, Cross-Appellant.

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

Review Granted March 7, 1989.

Attorney(s) appearing for the Case

Murphy & Posner by Michael L. Murphy, K. Bellamy Brown, Terry L. Rakow, Roger R. Foote and Gary N. Pederson, Phoenix, for plaintiff-appellant/cross-appellee.

Evans, Kitchel & Jenkes, P.C. by James G. Speer and Elizabeth A. Waters, Phoenix, for defendant-appellee/cross-appellant.

OPINION

GREER, Presiding Judge.

We address whether a tenant's delay in paying a common-area charge was a material breach of the commercial lease, based on DVM Co. v. Bricker, 137 Ariz. 589, 672 P.2d 933, connected case, 43 B.R.Rep. 344 (D.Ariz. 1983), and the "time is of the essence" provision in the lease. We also address whether the landlord's notice demanding payment was sufficiently clear to be effective...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases