DeVry Brick Co. v. Mordka
In DeVry Brick Co. v. Mordka, 96 Ariz. 70, 71, 391 P.2d 925, 926 (1964), the Arizona Supreme Court addressed whether such an agency relationship existed when a lease term required the tenants to make extensive improvements to the leased premises pursuant to plans approved by both owner and tenants. 96 Ariz. at 70-71, 391 P.2d at 925-26.
The court held that this mandatory lease term "created an agency relation between the lessors and the lessees for the purposes of the lien laws," thereby permitting the materialmen in that case to foreclose their liens against the property owner's interest. Id. at 72, 391 P.2d at 926.