ARIZONA COFFEE SHOPS v. PHOENIX DOWNTOWN PARK. ASS'N

No. 7574.

95 Ariz. 98 (1963)

387 P.2d 801

ARIZONA COFFEE SHOPS, INC., an Arizona corporation, John Doe I through X, Jane Doe I through X, Black and White Partnerships, A B & C corporations, Appellants, v. PHOENIX DOWNTOWN PARKING ASSOCIATION, Inc., an Arizona corporation, Appellee.

Supreme Court of Arizona, In Division.

December 18, 1963.


Attorney(s) appearing for the Case

Ira S. Broadman, Phoenix, for appellants.

Fennemore, Craig, Allen & McClennen, Phoenix, for appellee.


BERNSTEIN, Chief Justice.

This is an action to foreclose a mortgage in which plaintiff obtained summary judgment. Defendant corporation appeals.

This appeal presents the question of whether the trial court may enter summary judgment in a foreclosure action brought about by the failure of the defendant to make a timely interest payment. Our rules provide that a summary judgment can be granted only where no genuine issue as to any material fact exists. Ariz...

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