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ENGLER v. SAINER

1 CA-CIV 193.

4 Ariz. App. 86 (1966)

417 P.2d 720

Max ENGLER, a married person, dealing with his sole and separate property, Appellant, v. Stanley L. SAINER and Antonia J. Sainer, husband and wife, W.D. Arrington and Nora Arrington, husband and wife, Dorothy Nelson and J.J. Nelson, husband and wife, Phoenix Title & Trust Company, an Arizona corporation, Thomas E. Woodruff and Pauline B. Woodruff, husband and wife, Appellees.

Court of Appeals of Arizona.

Rehearing Denied October 3, 1966.

Attorney(s) appearing for the Case

Lester Engler, Phoenix, for appellant.

Charles A. Stanecker, Phoenix, for appellees.

CAMERON, Judge.

This appeal is from a judgment for the defendant Phoenix Title and Trust Company and others, upon motion made, after the presentation of plaintiff's case. The matter was tried before the court without a jury.

We are called upon to determine what duty, if any, the defendant Phoenix Title and Trust Company had to notify the plaintiff of the fact that a check paid to cure a default under a contract...

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