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ASSOCIATED BUILDERS, INC. v. STOVALL

No. 8202.

102 Ariz. 54 (1967)

424 P.2d 455

ASSOCIATED BUILDERS, INC., an Arizona corporation, Appellant, v. Al STOVALL and Irene Stovall, his wife, Robert C. Stovall and Lois Stovall, his wife, Jack K. Stovall and Noyla Stovall, his wife, James A. Stovall, a single man, Orville K. Mills and Myra Mills, his wife, Austin P. Lutz and Vera Jane Lutz, his wife, Supreme Builders, an Arizona corporation, Appellees.

Supreme Court of Arizona, In Division.

March 1, 1967.

Attorney(s) appearing for the Case

Spector & Johnson, and Wm. J. Samuels, Phoenix, for appellant.

Christy, Kleinman, Peterson, Hoyt & Fuller, Phoenix, for appellee Al Stovall and others.

Allen B. Bickart, Phoenix, and Alan M. Kyman, Phoenix, for appellee Supreme Builders.

UDALL, Justice:

The appellant corporation, plaintiff below, and hereinafter referred to as plaintiff, brought this action against appellees, defendants below, alleging its claim in three counts:

(1) For a claimed breach of written contract; (2) the second claim was dismissed and no appeal taken therefrom; (3) plaintiff claimed that the defendants agreed to satisfy a claim against the plaintiff by McMillan Mortgage Company, and that the defendants refused to...

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