MILLER v. SUPERIOR COURT IN AND FOR COUNTY OF PIMA

No. 2 CA-CIV 590.

8 Ariz. App. 420 (1968)

446 P.2d 699

Fern MILLER, Petitioner, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF PIMA, and the Hon. John P. Collins, Judge; and George GENEMATAS and Patricia Genematas, husband and wife, and Robert Burroughs and Patricia Burroughs, husband and wife, real parties in interest, Respondents.

Court of Appeals of Arizona.

November 7, 1968.


Attorney(s) appearing for the Case

Odgers & Barker, by J. Emery Barker, Tucson, for petitioner.

Lesher, Scruggs, Rucker, Kimble & Lindamood, by D. Thompson Slutes, Tucson, for respondents.


KRUCKER, Judge.

We are called upon to review by certiorari the trial court's refusal to dismiss a complaint filed against the petitioner in a suit to recover an alleged balance due under a contract. In order to pass upon the correctness of the ruling complained of, we must resolve the following question: Is a subdivider-owner of real property who hires a licensed contractor to construct dwellings in a subdivision owned by him and who contracts with members of the...

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