WINGFOOT CALIFORNIA HOMES CO. v. VALLEY NAT. BANK

No. 6058.

80 Ariz. 133 (1956)

294 P.2d 370

WINGFOOT CALIFORNIA HOMES CO., a corporation, Appellant, v. The VALLEY NATIONAL BANK OF PHOENIX, a National Banking Association, Appellee.

Supreme Court of Arizona.

Rehearing Denied March 20, 1956.


Attorney(s) appearing for the Case

Herbert Mallamo, Phoenix, Leslie O. Parry, Phoenix, of counsel, for appellant.

Gust, Rosenfeld, Divelbess & Robinette, Phoenix, for appellee.


PHELPS, Justice.

This is an appeal from an order granting a motion for summary judgment in favor of plaintiff below in an action brought to recover the principal, interest and attorneys' fees on 37 notes and mortgages, each of which constitutes a separate cause of action. Each note provides that should suit be brought thereon the maker agrees to pay all costs incurred in the collection thereof including reasonable attorneys' fees.

Paragraphs VII and VIII of...

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