CLAYTON v. COMMUNICATIONS CAPITAL CORP.

No. 2 CA-CIV 448.

7 Ariz. App. 449 (1968)

440 P.2d 330

L.B. CLAYTON and Era A. Clayton, husband and wife, Appellants, v. COMMUNICATIONS CAPITAL CORPORATION, a corporation, Don G. Owsley and Otilie E. Owsley, husband and wife, Appellees.

Court of Appeals of Arizona.

May 2, 1968.


Attorney(s) appearing for the Case

Boyle, Bilby, Thompson & Shoenhair, by Richard M. Bilby, Tucson, for appellants.

Bernard Weinstein, Tucson, for appellees.


MOLLOY, Judge.

This appeal presents procedural problems relevant to the manner of the submission of a case to a trial judge for decision and substantive law questions involving the construction of a contract pertaining to the sale of a radio broadcasting business. The procedural problems must be resolved first in order to determine the posture of the case on appeal.

The suit is upon a promissory note in the original sum of $100,000 with an alleged unpaid balance...

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