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PACIFIC GUANO COMPANY v. ELLIS

No. 6183.

83 Ariz. 12 (1957)

315 P.2d 866

PACIFIC GUANO COMPANY, a corporation, Appellant. v. George L. ELLIS and Rachael Ellis, his wife, Appellees.

Supreme Court of Arizona.

Rehearing Denied October 22, 1957.

Attorney(s) appearing for the Case

Ryley, Carlock & Ralston and Sam P. Applewhite, III, Phoenix, for appellant.

Fennemore, Craig, Allen & McClennen and Philip E. Von Ammon, Phoenix, for appellees.

WINDES, Justice.

Pacific Guano Company, a corporation, filed complaint against George L. Ellis and his wife, Rachael Ellis, alleging that defendants in July, 1952, contracted in writing to purchase fertilizer for which defendants refused to pay and prayed for judgment for the purchase price. Defendants counterclaimed in two counts, the first alleging in substance that in June, 1952, the parties entered into a contract whereby

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