HERMAN CHANEN CONST. CO. v. GUY APPLE MASONRY CON. INC.

No. 1 CA-CIV 747.

9 Ariz. App. 445 (1969)

453 P.2d 541

HERMAN CHANEN CONSTRUCTION COMPANY, Inc., a corporation, Appellant, v. GUY APPLE MASONRY CONTRACTORS INC., a corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied June 12, 1969.

Review Granted July 15, 1969.

Order Granting Review Vacated October 7, 1969.


Attorney(s) appearing for the Case

Struckmeyer & Davich, by James A. Struckmeyer, Phoenix, for appellant.

Shimmel, Hill, Kleindienst & Bishop, by James W. Hill, Phoenix, for appellee.


KRUCKER, Judge.

The appellant, plaintiff in the lower court, seeks review of an order dismissing with prejudice its complaint against the appellee, defendant in the lower court. (We shall hereinafter refer to appellant as Chanen and appellee as Apple.) The trial court found that Chanen's complaint failed to state a claim upon which relief might be granted.

The gravamen of Chanen's claim was that it was entitled to indemnification by Apple of losses sustained...

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