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REIDY v. O'MALLEY LUMBER COMPANY

No. 6871.

92 Ariz. 130 (1962)

374 P.2d 882

James B. REIDY, as Executor of the Estate of John Menehan, deceased, Appellant, v. O'MALLEY LUMBER COMPANY, a corporation, and Arizona Lumber & Supply Co., a corporation, Appellees, Emmitt Newland and Sarah Jane Newland, husband and wife, et al., Appellees, Edward A. Suska and Joyce M. Suska, husband and wife, Appellees.

Supreme Court of Arizona, En Banc.

October 3, 1962.

Attorney(s) appearing for the Case

Riley & Riley, Tucson, for appellant.

Richard N. Roylston, Tucson, for appellees Newland.

JENNINGS, Justice.

James B. Reidy, Executor of the estate of John L. Menehan, deceased, (hereinafter called appellant) appeals from that part of the judgment in an action for specific performance of a contract of sale of real estate which provided for the distribution of the proceeds.

In 1954 John L. Menehan owned forty acres of vacant, unencumbered land in Pima County which he desired to subdivide into lots and parcels for homesites. He entered into a written...

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