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ISENBERG v. LEMON

No. 6376.

84 Ariz. 364 (1958)

329 P.2d 882

William ISENBERG et al., Appellants, v. Walter LEMON, dba Red Lemon Colors, Appellee.

Supreme Court of Arizona.

September 24, 1958.

Attorney(s) appearing for the Case

Burton Lewkowitz, Phoenix, and John B. Marron, Phoenix, for appellants.

Hughes & Vinson, Phoenix, for appellee.

PHELPS, Justice.

The court is unanimously of the opinion that the writer of the original opinion in this case erred in treating the action of the trial judge in deducting $3,800 from a $31,800 verdict returned by the jury in favor of Lemon as a judgment in favor of the Isenbergs to the extent of $3,800. As a matter of law it amounted to no more than an offset on the verdict and judgment in favor of Lemon, that is, instead...

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