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BOGARD GMC COMPANY v. ABRIL

No. 2 CA-CIV 31.

1 Ariz. App. 55 (1965)

399 P.2d 189

BOGARD GMC COMPANY, Inc., an Arizona corporation, Appellant, v. Robert A. ABRIL (Defendant and Third-Party Plaintiff) and Walter A. SHIVERS and Edian P. Shivers, husband and wife, and Gene B. Stowe and Jane Doe Stowe, husband and wife (Third-Party Defendants), Appellees.

Court of Appeals of Arizona.

February 19, 1965.

Attorney(s) appearing for the Case

Murphy & Vinson, by John U. Vinson, Tucson, for appellant.

Edward J. Valeski, Tucson, for defendant and third-party plaintiff, appellee.

HATHAWAY, Judge.

The appellant, Bogard, instituted an action in Superior Court in 1961 against Abril, the appellee, to recover a deficiency allegedly due under the terms of a conditional sales contract. Abril filed an answer to the complaint and also a third-party complaint against the Shivers and the Stowes. Defendant Abril was subsequently granted summary judgment pursuant to A.R.C.P. Rule 56(c), 16 A.R.S. Since plaintiff...

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