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JERGER v. RUBIN

No. 1 CA-CIV 970.

11 Ariz. App. 183 (1969)

463 P.2d 78

Frank I. JERGER and Bertha Jerger, his wife, Appellants, v. Morris J. RUBIN and Sari J. Rubin, his wife, Appellees. Ed THIRKHILL, Ed Thirkhill Realty, Cross-Appellant, v. Frank I. JERGER and Bertha Jerger, his wife, Cross-Appellees.

Court of Appeals of Arizona, Division 1. Department B.

Rehearing Denied February 5, 1970.

Review Granted March 17, 1970.

Attorney(s) appearing for the Case

Sullivan & Mahoney, by William P. Mahoney, Jr., Phoenix, for appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Wilbert G. Anderson, Phoenix, for appellees.

Milliken & Mitchell, by James T. Milliken, Scottsdale, and Lewis, Roca, Beauchamp & Linton, by James Moeller, Phoenix, for cross-appellant.

JACOBSON, Judge.

This case involves a rescission of a land transaction based upon fraud or misrepresentation.

On June 1, 1964, appellants-defendants, Frank I. Jerger and Bertha Jerger, his wife, sold a five-acre parcel of land located on North Scottsdale Road, Scottsdale, Arizona, to plaintiffs-appellees, Morris J. Rubin and Sari J. Rubin, his wife. The sale was negotiated by cross-appellant-defendant, Ed Thirkhill Realty, through its salesman, R.L. Stamper...

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