APPEAL from a judgment of the Superior Court of the County of Gila. C. C. Faires, Judge. Judgment reversed and cause remanded, with instructions.
Mr. Charles L. Rawlins and Mr. George H. Rawlins, for Appellant.
Mr. Jesse A. Udall and Mr. J. Verne Pace, for Appellees.
[40 Ariz. 26] LOCKWOOD, J.
Bert Hoopes, hereinafter called plaintiff, brought suit against L. F. Long and J. A. Jacobson, hereinafter called defendants, on two promissory notes, each one in the sum of $1,250. The complaint, which is in two counts, follows the usual form for actions on such instruments. Defendants answered, admitting
the making and delivery of the notes, and setting up the following defense:
"Defendants allege that said note was made and delivered by defendants to plaintiff for and in consideration of a certain Lease Agreement on real estate in Safford, Graham County, Arizona, which said Lease is in words and figures as follows, to wit:
"This indenture, made this 21st day of January, 1929, by and between Bert Hoopes, of Safford, Graham County, Arizona, party of the first part and hereinafter called Lessor, and J. A. Jacobson and L. F. Long, parties of the second part hereinafter called Lessee, witnesseth.
"The party of the first part in consideration of the covenants and payments of the parties of the second part, hereinafter set forth, does by these presents lease to the second parties, Lessee, the following described property, to-wit:
"The Parnassus Theater Building, situated on Lots 11 and 12, in Block 45, in the Townsite of Safford, Graham County, Arizona. Together with the appurtenances thereunto belonging.
"To have and to hold the same to the Lessee from the 21st day of January, 1929, to the 21st day of January, 1934.
"The Lessee in consideration of the leasing of the said premises as above set forth, covenants and agree -- with the Lessor, to pay the said Lessor as rent for the same, the sum of Twenty-thousand four hundred & No/100 ($20,400.00) Dollars, as follows, the Lessee will pay to the Lessor the sum of Three hundred Twenty-five & No/100 ($325.00) Dollars on the [40 Ariz. 27] signing of this Lease, and will pay to the Lessor the sum of Three hundred Twenty-five & No/100 ($325.00) Dollars on the twenty-first day of February, 1929, and three hundred twenty-five & No/100 Dollars on the 21st day of each and every month thereafter until the Lessee has paid to the Lessor twenty-four monthly payments of Three hundred twenty-five dollars each, and on the twenty-first day of the following month after the completion of the aforesaid payments, the Lessee will pay to the Lessor the sum of Three hundred ...