CITY OF GLENDALE v. ARIZONA S. & L., IN RECEIVERSHIP

1 CA-CIV 127.

2 Ariz. App. 379 (1965)

409 P.2d 299

CITY OF GLENDALE, a municipal corporation, Appellant, v. ARIZONA SAVINGS AND LOAN ASSOCIATION, IN RECEIVERSHIP, an Arizona corporation, Union Title Company, in Receivership, George A. Bushnell, Director of Insurance, State of Arizona, Mr. W. and Mr. R. Developers, an Arizona corporation, Zee Investment Corp., an Arizona corporation, Commerce Development Co., an Arizona corporation, and Retdel Realty Corporation, a Delaware corporation, Appellees.

Court of Appeals of Arizona.

December 31, 1965.


Attorney(s) appearing for the Case

Kenneth Biaett, Phoenix, for appellant.

Perry & Smith, by Ralph G. Smith, Jr., Phoenix, for appellee Arizona Savings & Loan Ass'n.

Cox & Cox, by Alfred S. Cox, Phoenix, for Union Title Co.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by John P. Otto, Phoenix, for appellees Zee Inv. Corp., and Commerce Development Co.

Carson, Messinger, Elliott Laughlin & Ragan, by Robert W. Holland, Phoenix, for appellee Retdel Realty Corp.

Perry & Perry, Phoenix, for appellee Mr. W. and Mr. R. Developers.


MOLLOY, Judge.

Seven original owners of a tract of land outside the limits of the City of Glendale entered into an agreement with the city whereby the city agreed to extend its sewage trunk line up to the tract in return for a promise by the owners to either effect 250 connections to the sewer line within eighteen months or in lieu thereof to make certain agreed payments. Upon breach of the agreement by the owners, the...

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