GARRETT v. HOLMES TUTTLE BROADWAY FORD

No. 2 CA-CIV 332.

5 Ariz. App. 388 (1967)

427 P.2d 369

Cleveland L. GARRETT and Jane Doe Garrett, Appellants, v. HOLMES TUTTLE BROADWAY FORD, an Arizona corporation, and John Doe Weber and Jane Doe Weber, individually and as husband and wife, and Dave Smith and Jane Doe Smith, Individually and as husband and wife, Appellees.

Court of Appeals of Arizona.

May 2, 1967.


Attorney(s) appearing for the Case

Arthur R. Buller, Tucson, for appellants.

Boyle, Bilby, Thompson & Shoenhair, by Michael Lacagnia, Tucson, for appellees.


MOLLOY, Judge.

In December of 1963, the appellant here, plaintiff below, purchased an automobile from the defendant, Holmes Tuttle Ford, and in connection therewith signed a conditional sales contract. He also signed a mortgage upon real estate in which he had an interest to secure the payments under the conditional sales contract.

In September of 1964, Holmes Tuttle brought a civil action against the appellant to foreclose the realty mortgage, alleging that...

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