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ARIZONA TITLE INS. & T. CO. v. O'MALLEY LBR. CO.

No. 1 CA-CIV 1179.

14 Ariz. App. 486 (1971)

484 P.2d 639

ARIZONA TITLE INSURANCE AND TRUST COMPANY, an Arizona corporation, Appellant and Cross-Appellee, v. O'MALLEY LUMBER COMPANY, a Corporation, et al., Appellees and Cross-Appellants. ALL MICA, INC., a corporation, Appellants, v. ARIZONA TITLE INSURANCE AND TRUST COMPANY, an Arizona corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 13, 1971.

Review Denied October 13, 1971.

Attorney(s) appearing for the Case

Renaud, Cook, Miller & Cordova by J. Gordon Cook, Phoenix, for appellant and cross-appellee, Arizona Title Ins. and Trust Co.

Marks & Marks by Philip J. Shea, Phoenix, for appellees, cross-appellants and all other appellants.

HAIRE, Judge.

The appellant, Arizona Title Insurance and Trust Co. ("Arizona Title"), appeals from a judgment holding it liable for negligent misrepresentations made by it to each of seven contractors (including materialmen) to the effect that it either had in its capacity as "Builder's Control" escrow agent sufficient funds or that there would be sufficient funds available to pay the contractors for work or materials which they subsequently performed on or...

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