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KAPLAN v. NIEWOLD

No. 2 CA-CIV 573.

8 Ariz. App. 571 (1968)

448 P.2d 415

David KAPLAN and Georgia Mae Kaplan, husband and wife, Appellants, v. Richard NIEWOLD, as Executor of the Estate of Peter Niewold and Tena Niewold, Deceased, Appellee.

Court of Appeals of Arizona.

Rehearing Denied January 22, 1969.

Review Denied March 11, 1969.

Attorney(s) appearing for the Case

Kanne, Bickart & Crown, by Allen B. Bickart, Phoenix, for appellants.

Merchant, Lohse & Bloom, by Cliffton E. Bloom, Tucson, for appellee.

KRUCKER, Judge.

Peter Niewold and Tena Niewold on September 27, 1955, as sellers, entered into a Deposit Receipt and Agreement with David Kaplan and Georgia Mae Kaplan, husband and wife, as buyers, to sell certain real property in Tucson, Arizona. The Kaplans failed to consummate the purchase, and on December 14, 1955, action No. 47473 was instituted by Niewolds in the Superior Court of Pima County, Arizona, for specific performance against the Kaplans. This action...

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