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FOWLER v. DANA

No. 1 CA-CIV 359.

7 Ariz. App. 72 (1968)

436 P.2d 166

Jack FOWLER, Appellant, v. K.H. DANA, aka Kenneth Hugh Dana, and Leah Dana, his wife, Isaac Dwight Dana and Carol Dana, his wife, C. Harold Dana, aka Charles Harold Dana, and Thelma Dana, his wife, Beryle Dana Bingham, aka Beryle Bingham, and Ruel Bingham, her husband, Lynn Dana Payne, aka Lynn Payne, and Thurber Payne, her husband, Nadene Dana Harper, aka Nadene Harper, and Edwin Harper, her husband, John Richard Roe, I, and Mary Roe, I, his wife, Appellees.

Court of Appeals of Arizona.

Rehearing Denied February 21, 1968.

Review Denied March 26, 1968.

Attorney(s) appearing for the Case

Wade Church, Phoenix, for appellant.

Rhodes, Killian & Legg, by John G. Hough and C. Max Killian, Mesa, for appellees.

DONOFRIO, Judge.

This is an appeal from a summary judgment dated October 19, 1965 in favor of the appellees who will be designated as the Danas, defendants below, and against appellant Fowler, plaintiff below. We will at times designate the parties as they appeared below.

Fowler instituted the action to specifically perform an alleged Lease Purchase Agreement, or in the alternative, to recover damages for the breach thereof. Appellees, the Danas, filed an...

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