DESERT VISTA APARTMENTS v. O'MALLEY LUMBER CO.

No. 8442.

103 Ariz. 23 (1968)

436 P.2d 479

DESERT VISTA APARTMENTS, INC., a Corporation, Appellant, v. The O'MALLEY LUMBER COMPANY, a Corporation, Appellee.

Supreme Court of Arizona. In Division.

January 18, 1968.


Attorney(s) appearing for the Case

Gerst, Welch & Campo, by George Welch, Jr., Phoenix, for appellant.

Evans, Kitchel & Jenckes, by John F. Boland, Jr., Phoenix, for appellee.


McFARLAND, Chief Justice.

Appellee O'Malley Lumber Company, a corporation, hereinafter called plaintiff, brought an action in Superior Court to foreclose a mechanics' lien against Desert Vista Apartments, Inc., a corporation, hereinafter called defendant.

Two defenses were raised: (1) That notice to defendant was required under A.R.S. § 33-983, but was not given; and (2) That plaintiff was estopped from maintaining his action. The trial court, sitting...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases