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PATZMAN v. MARSHALL

No. 6822.

90 Ariz. 1 (1961)

363 P.2d 599

Kenneth J. PATZMAN and Kathryn N. Patzman, husband and wife, Appellants, v. Paul K. MARSHALL, Appellee.

Supreme Court of Arizona. In Division.

July 14, 1961.

Attorney(s) appearing for the Case

Mesch, Jasper, Marquez & Rothschild, Richard C. Harris, Tucson, for appellants.

Darrow, D'Antonio, Hayes & Morales, Tucson, for appellee.

JACK L. OGG, Superior Court Judge.

The plaintiff, Paul K. Marshall, contracted to purchase stock in the Bill Edel Motor Company, Inc., Tucson, Arizona, from defendant, Kenneth J. Patzman, and paid in the sum of $8,022.68 to Patzman as earnest money. Marshall then rescinded the contract and sued to recover his earnest money; Patzman filed a counter-claim for damages alleging Marshall had breached the contract to purchase the stock. The lower court awarded judgment...

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