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MAHONEY v. FROST

No. 7688.

101 Ariz. 344 (1966)

419 P.2d 523

John R. MAHONEY, Appellant, v. Ray FROST, dba Sunset Oil Company and Susan I. Foster, Administratrix of the Estate of Cecil L. Foster, Deceased, Appellees.

Supreme Court of Arizona. In Division.

October 27, 1966.

Attorney(s) appearing for the Case

Jack Cavness, Minne & Sorenson, Phoenix, for appellant.

Shimmel, Hill, Kleindienst & Bishop, Phoenix, for appellees.

LOCKWOOD, Justice:

Plaintiff sued defendants Foster and Frost for damages in the sum of $27,345.44 with interest, alleging a breach by the defendants of an oral agreement to pay diesel fuel taxes on diesel fuel sold by the defendants to the plaintiff for resale. The defendants denied having made such an agreement. Prior to trial the defendant C.L. Foster died and the administratrix of the estate Susan I. Foster was substituted.

The matter came to trial before...

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