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FUSCO v. KELLOGG

No. 6285.

83 Ariz. 114 (1957)

317 P.2d 547

L. Donald FUSCO, Appellant, v. J.M. KELLOGG and Pauline A. Kellogg, his wife, and A.S. Mehagian and Mary Mehagian, his wife, Appellees.

Supreme Court of Arizona.

October 22, 1957.

Attorney(s) appearing for the Case

A.E. Farone, Phoenix, for appellant.

Snell & Wilmer, Phoenix, for appellees.

PHELPS, Justice.

This is an appeal from a money judgment rendered in favor of plaintiffs, J.M. Kellogg et al., and against defendant, L. Donald Fusco. Plaintiffs instituted this action to recover judgment upon a promissory note executed by defendant in the principal sum of $12,500 dated April 5, 1950 and payable on or before April 1, 1953. The complaint alleged that only the sum of $2,000 had been paid on the principal, leaving...

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