BURKE v. GOTTFRIED

Nos. 1 CA-CIV 311, 1 CA-CIV 346.

7 Ariz. App. 96 (1968)

436 P.2d 488

John Edmund BURKE and Irene M. Burke, his wife, Appellants, v. J. Jay GOTTFRIED, Al Gazley, and Ed Post, Co-partners dba Ed Post Realty, Appellees.

Court of Appeals of Arizona.

Rehearing Denied February 29, 1968.


Attorney(s) appearing for the Case

Raymond Huffsteter, Phoenix, for appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Ralph E. Mahowald, Phoenix, for appellees.


KRUCKER, Judge.

This opinion involves two appeals, consolidated here because they concern the same parties and arise out of the same transaction. The first, 1 CA-CIV 311, is an appeal taken by defendants from denial of their motion for summary judgment, and the second appeal is taken by defendants after trial and judgment for the plaintiffs.

The fact situation presented to us is somewhat complex. In 1956, the Burkes, appellants herein, executed a note and...

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