MILLER v. BOEGER

No. 2 CA-CIV 70.

1 Ariz. App. 554 (1965)

405 P.2d 573

Roy J. MILLER and "Jane Doe" Miller, husband and wife, and Tucson Title Insurance Company, an Arizona corporation, as Trustee under Trust No. 10,167, Appellants, v. Henry J. BOEGER and Eleanor C. Boeger, husband and wife, Appellees.

Court of Appeals of Arizona.

Rehearing Denied October 14, 1965.

Review Denied November 2, 1965.


Attorney(s) appearing for the Case

Miller & Pitt, Tucson, Robert F. Miller, Tucson, of counsel, for appellants.

Johnson, Darrow, D'Antonio, Hayes & Morales, Tucson, J. Mercer Johnson, Tucson, of counsel, for appellees.


MOLLOY, Judge.

This is an appeal from a judgment granting rescission to a buyer of real estate. The complaint alleges that the real estate agent handling the transaction fraudulently misrepresented the property.

There are very lucid findings of fact by the trial court and these, together with the undisputed evidence which this court deems pertinent to the appeal, are as follows:

The defendants were the owners of 132 feet of frontage upon what was scheduled...

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