CROSBY v. SMITH

No. 1 CA-CIV 1113.

13 Ariz. App. 243 (1970)

475 P.2d 728

James G. CROSBY and Loretta R. Crosby, his wife, Appellants, v. Tony W. SMITH and Mary C. Smith, his wife, dba Chandler Nursery Center, Appellees.

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

Rehearing Denied November 25, 1970.

Review Denied January 12, 1971.


Attorney(s) appearing for the Case

Hughes, Hughes & Conlan, by Coit I. Hughes, Phoenix, for appellants.

Welliever & Smith, by Michael E. Bradford, Phoenix, for appellees.


EUBANK, Presiding Judge.

The plaintiff-appellants Crosby contracted in writing to sell an unincorporated landscape nursery business to the defendant-appellees Smith. The sale was completed, and thereafter the Smiths timely paid all but $4,461 of the agreed purchase price. The Smiths refused to pay the balance, charging breach of the terms of the contract by the Crosbys which gave rise to offsetting damages. The Crosbys brought this action to collect the remaining...

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