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ARIZONA TITLE GUARANTEE & TRUST CO. v. MODERN HOMES

No. 6523.

84 Ariz. 399 (1958)

330 P.2d 113

ARIZONA TITLE GUARANTEE & TRUST COMPANY, Appellant, v. MODERN HOMES, Inc., Appellee.

Supreme Court of Arizona.

September 30, 1958.

Attorney(s) appearing for the Case

Kramer, Roche & Perry, Phoenix, A.K. Perry and A.R. Perry, Phoenix, for appellant.

Lewis, Roca, Scoville & Beauchamp, and Charles A. Stanecker, Phoenix, for appellee.

WINDES, Justice.

Plaintiff, Modern Homes, Inc., filed complaint for declaratory judgment consisting of two counts against Arizona Title Guarantee & Trust Company. Defendant by answer admitted the material allegations of fact. Both parties moved for summary judgment. The trial court granted plaintiff's motion and rendered judgment accordingly. Defendant appeals. The parties agree there are only two questions presented for decision. There are many facts set forth...

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