SMITH v. NEELY

No. 6975.

93 Ariz. 291 (1963)

380 P.2d 148

J.M. SMITH and Winnie E. Smith, his wife, Appellants, v. Warren R. NEELY and Revy Neely, his wife, Appellees.

Supreme Court of Arizona. En Banc.

Rehearing Denied April 16, 1963.


Attorney(s) appearing for the Case

Hughes & Hughes, Phoenix, and Wilford R. Richardson, Safford, for appellants.

Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, for appellees.


GARRETT, Superior Court Judge.

This is an action for specific performance of a contract to sell land. Performance was ordered by the trial court. The seller-defendant has appealed, contending first, the plaintiff is barred by the doctrine of unclean hands, and second the contract enforced below was replaced by a second and different agreement.

The facts are that plaintiffs in 1954 took a lease with option to buy on certain land belonging to the defendants...

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