GABITZSCH v. COLE

No. 7598.

95 Ariz. 15 (1963)

386 P.2d 23

Bryan GABITZSCH, Appellant, v. Helen Marie COLE, and Norman E. Cole, husband and wife, Appellees.

Supreme Court of Arizona. In Division.

Rehearing Denied November 19, 1963.


Attorney(s) appearing for the Case

Langmade & Langmade, Phoenix, for appellant.

Ernest W. McFarland, Phoenix, and Tom Fulbright, Florence, for appellees.


BERNSTEIN, Chief Justice.

Appellant was defendant in an action brought by his sister to enforce an oral agreement to hold in trust for the sister a one-half interest in certain land. The case was tried to the court without a jury and judgment was rendered for the plaintiff. Defendant appeals. Neither party requested findings of fact. In such a case we have held that we will view the record as though the trial court had found every controverted issue of fact necessary...

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