ARIZONA LAND TITLE & TRUST CO. v. SAFEWAY STORES, INC.

No. 2 CA-CIV 334.

6 Ariz. App. 52 (1967)

429 P.2d 686

ARIZONA LAND TITLE & TRUST COMPANY, as Trustee under Trust No. 6179-T, Appellant, v. SAFEWAY STORES, INC., a Maryland corporation, and Arizona Land Title & Trust Company, as Escrow, Appellees.

Court of Appeals of Arizona.

Rehearing Denied September 8, 1967.

Review Denied October 17, 1967.


Attorney(s) appearing for the Case

S. Leonard Scheff, Tucson, for appellant.

Snell & Wilmer, Phoenix, by Arthur P. Greenfield and Maynard P. Goudy, Phoenix, for appellees.


MOLLOY, Judge.

This appeal arises from a summary judgment rendered for the defendant-buyer (Safeway Stores) in an action brought on a contract for the sale of real estate, in which the seller sought specific performance and damages. The problem presented here is one of the construction of the verbiage contained in the written contract of sale.

The conflict centers upon whether an express condition precedent in...

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