Geronimo Hotel & Lodge V. Putzi

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 into the lease. The issue before us is whether Roger Putzi may be independently liable to Geronimo for breach of that warranty, even though the lease is unenforceable against the Putzi community. We have jurisdiction under Ariz. Const. art. 6, § 5(3) and A.R.S. § 12-120.24.