GENE HANCOCK CONST. CO v. KEMPTON & SNEDIGAR DAIRY

No. 1 CA-CIV 1937.

20 Ariz. App. 122 (1973)

510 P.2d 752

GENE HANCOCK CONSTRUCTION CO., and Bernard J. Thuerauf, Appellants, v. KEMPTON & SNEDIGAR DAIRY, Martin David Kempton and Suzanne Kempton, husband and wife, Robert Glenn Kempton and Barbara D. Kempton, husband and wife, Robert L. Snedigar and Shirley Snedigar, husband and wife, Appellees.

Court of Appeals of Arizona, Division 1.

June 5, 1973.


Attorney(s) appearing for the Case

Cunningham, Goodson, Tiffany & Weltsch, Ltd. by John F. Goodson & Michael E. Tiffany, Phoenix, for appellants.

Fuller & Kempton, Ltd. by Robert G. Kempton, Jennings, Strouss & Salmon by Rex E. Lee, Phoenix, for appellees.


HATHAWAY, Chief Judge.

A summary judgment in favor of the appellees, defendants below, as to (1) appellant Hancock Construction Company's right to enforce an alleged oral contract for the sale of realty, and (2) appellant Thuerauf's right to enforce an alleged oral authorization to sell said realty, is the subject of this appeal. The pertinent provisions of A.R.S. § 44-101 are:

"No action shall be brought in any court in the following cases unless the...

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