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CLARK v. COMPANIA GANADERA DE CANANEA, S.A.

No. 7156.

95 Ariz. 90 (1963)

387 P.2d 235

G.W. CLARK and Ben F. Williams, Sr., Appellants, v. COMPANIA GANADERA de CANANEA, S.A., a corporation, et al., Appellees.

Supreme Court of Arizona. In Division.

December 11, 1963.

Attorney(s) appearing for the Case

Ben F. Williams, Jr., and W. Shelley Richey, Douglas, for appellants.

Evans, Kitchel & Jenckes, Phoenix, for appellees Compania Ganadera de Cananea, S.A., Ranchos de Cananea, Octavio Elias, Enrique Cubillas, Kemper Marley and Frank T. Greene.

Gentry & McNulty, Bisbee, for appellees Estate of Mary Greene Wiswall, deed., and George A. Wiswall, Exr.

John M. Williams, Douglas, for appellee Florence G. Sharp.

James M. Murphy, Tucson, for appellee Clarence Kirk Greene.

James V. Robins, Nogales, for appellee Charles Harrison Greene.

Beer, Seaman & Polley, Phoenix, for appellees, Virginia Sturdivant and Cia. Minera de la Trinidad, a corp., trustee for Virgina Sturdivant.

JENNINGS, Justice.

We deem it necessary to enlarge upon the following novel problem, which we casually mentioned in the original opinion: Under the circumstances, were appellants required, at their peril, to include in the record the evidence, if any, adduced respecting a condition subsequent, a matter of defense, when the lower court directed a verdict at the end of their case on the ground of merger and in making...

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