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TUCSON UTILITY SUPPLIES, INC. v. GALLAGHER

No. 7750.

102 Ariz. 499 (1967)

433 P.2d 629

TUCSON UTILITY SUPPLIES, INC., an Arizona corporation, Appellant, v. Frederick J. GALLAGHER and Marion Gallagher, husband and wife, dba Fred J. Gallagher Construction Co., and Fidelity & Casualty Company of New York, a corporation, Appellees.

Supreme Court of Arizona. In Banc.

November 16, 1967.

Attorney(s) appearing for the Case

Scruggs & Rucker, by Edgar F. Rucker and D. Thompson Slutes, Tucson, for appellant.

Johnson, Darrow, D'Antonio, Hayes & Morales, by Lawrence P. D'Antonio and Burt L. Haberman, Tucson, for appellee.

UDALL, Justice:

Plaintiff, Tucson Utility Supplies Inc., commenced this action in the Pima County Superior Court against defendants, Frederick J. Gallagher and Marion Gallagher, and their bonding company, Fidelity and Casualty Company of New York, for money due and owing on a contract. Defendants plead, as an affirmative defense, breach of contract and counterclaimed for breach of warranty. A trial by jury was had, and based...

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