NEWCOMB v. SMEDAL

2 CA-CIV 277.

6 Ariz. App. 295 (1967)

432 P.2d 154

James E. NEWCOMB and Wanda Newcomb, husband and wife, Appellants, v. Erling SMEDAL and Emma Smedal, husband and wife, and Raymond Rose and Jane Doe Rose, husband and wife, Appellees.

Court of Appeals of Arizona.

October 2, 1967.


Attorney(s) appearing for the Case

Soble & Meehan, by George T. Meehan, Tucson, for appellants.

Healy, Laubscher & Dickerson, by Vernon F. Dickerson, Tucson, for appellees.


HATHAWAY, Chief Judge.

Plaintiffs, appellants, filed an action in superior court "for debt arising out of an oral contract" for the furnishing of labor and materials for the construction of the defendant's, Dr. Rose, office suite. After hearing the plaintiffs' case, the lower court sitting without a jury granted a motion for summary judgment for the defendants Smedal and the plaintiffs do not question this on appeal. The court then heard the Rose case and entered...

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