CAMELBACK LAND AND INVESTMENT COMPANY, a corporation, Appellant, v. PHOENIX ENTERTAINMENT CORPORATION and Ralph E. Staggs and Patricia J. Staggs, Appellees ** This appeal was filed with the Arizona Supreme Court and assigned that Court's Number 7501. The matter was referred to this Court pursuant to Section 12-120.23 A.R.S., 407 P.2d 791

Summary

The lessor and lessee entered into a commercial lease agreement for a period of five years with a provision giving the lessor the right to terminate the lease before the expiration of the basic term. The lessee vacated the building early when its business was terminated, and the lessor filed a complaint in the nature of a debt. The lessee filed a motion to dismiss, and the lessor then filed a motion for summary judgment. The trial court dismissed the complaint with prejudice. The lessor appealed, contending that the trial court erred in denying its motion for summary judgment because the record disclosed that there was no genuine issue as to any material fact, and because the lessor was entitled to such judgment as a matter of law. The court held that because the lease provided exclusive remedies to the lessor in the event of a breach by the lessee, the lessor was bound thereby and could not go outside the terms of the contract to seek remedies or make claims for relief against the ...