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SMITH v. PHLEGAR

No. 5342.

73 Ariz. 11 (1951)

236 P.2d 749

SMITH v. PHLEGAR.

Supreme Court of Arizona.

October 15, 1951.

Attorney(s) appearing for the Case

W.H. Chester, of Phoenix, for appellant.

Carl W. Divelbiss, of Phoenix, for appellee.

UDALL, Chief Justice.

This is an appeal by the defendant (appellant — Thad G. Smith) from a judgment of $14,600, entered against him on the plaintiff's (appellee) complaint, denying his counterclaim, and foreclosing an attachment lien upon certain equipment and real estate belonging to the defendant.

On Sept. 17, 1948, the plaintiff, E.O. Phlegar, and defendant entered into a written contract, whereby the defendant

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