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Gentry v. Andrews

Supreme Court of Arizona

October 11, 1955

A. D. GENTRY, Appellant,
v.
M. S. ANDREWS, Appellee.

Page 488

[79 Ariz. 271] Moore & Moore, Phoenix, for appellant.

McKesson Renaud, J. Gordon Cook, & John A. Metheany, Phoenix, for appellee.

PHELPS, Justice.

This is an appeal from a judgment in favor of M. S. Andrews, defendant-appellee, and against A. D. Gentry, plaintiff-appellant. The parties will be hereinafter designated as plaintiff and defendant.

Because of the confusion in the pleadings as well as in the proceedings of the court we will detail the facts more specifically than would otherwise be necessary.

Orders were made on motions which did not exist and arguments were had on motions which had previously been disposed of, etc.

On February 9, 1953, plaintiff entered into a written agreement with M. T. Furqueron and wife and E. M. Furnier and wife wherein he leased to them for a period of one year from date thereof

'1 Portable metal building to be used as a cafe unit at 501 West Madison [79 Ariz. 272] Ave. approx. size 10 ft. X 24 ft., together with fixtures which are attached to said building. Plus: 1 four-hole toastmaster, one cash register, one malt mixer, one portable soup kitchen, one deep fat frier.'

The lessees were given the option to renew the lease for an additional two years subject to the lessor's (Gentry's) land lease.

On the 14th day of April, 1953, plaintiff executed a written instrument in which among other things he consented to the assignment by the above-named lessees of their lease to defendant in words and figures as follows:

'I do hereby consent to the assignment of the within lease to M. S. Andrews, and in consideration of his agreeing to be bound hereby I have agreed with him and with the lessors named within that the $750.00 deferred balance may be paid as follows: $375.00 on August 9, 1953, as rent for August and December, 1953 and January, 1954; and $125.00 on the 9th day of each of the months of September, October and November, 1953.

'Dated April 14, 1953.

'(Signed) A. D. Gentry'

On the following day, April 15, 1953, the lessees and defendant executed the following written assignment of said lease:

'For a valuable consideration receipt whereof is hereby acknowledged we do hereby assign to M. S. Andrews all our right, title and interest in and to the within lease; and the said S. H. (M. S.) Andrews has agreed to make all future payments ...


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