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COLMENERO CANAL COMPANY v. BABERS

No. 6112.

80 Ariz. 339 (1956)

297 P.2d 927

The COLMENERO CANAL COMPANY, T.J. Price and Carl Matthews, Appellants, v. Ben BABERS, Appellee.

Supreme Court of Arizona.

May 29, 1956.

Attorney(s) appearing for the Case

Garland & Sanders, Las Cruces, N.M., for appellants.

Peterson & Richardson, Safford, for appellee.

WINDES, Justice.

J.C. Kimmel and his wife in March, 1951, entered into a contract with the Colmenero Canal Company wherein they sold to the company an irrigation well and pump. The Kimmels sued the canal company seeking to cancel the agreement. The company counterclaimed seeking judgment requiring specific performance of the contract. This litigation resulted in a decree requiring that the contract be specifically performed...

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