HUBBS v. COSTELLO

No. 1 CA-CIV 1775.

22 Ariz. App. 498 (1974)

528 P.2d 1257

Donald H. HUBBS and Flora M. Hubbs, husband and wife, George S. Baker, Jr., and Elizabeth C. Baker, husband and wife, Fred S. Jahn and Carol L. Jahn, husband and wife, Paul W. Green and Marilyn D. Green, husband and wife, and Irving Whitney Lyon, Jr., Appellants and Cross-Appellees, v. William J. COSTELLO, Appellee, Stewart Title and Trust of Phoenix, a corporation, Appellee and Cross-Appellant.

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

December 17, 1974.


Attorney(s) appearing for the Case

Donald D. Meyers of Meyers, Curtis & Kromer, Phoenix, for appellants and cross-appellees.

Burch, Cracchiolo, Levie, Guyer & Weyl, by Daniel P. Cracchiolo, Phoenix, for appellee Costello.

Lewis & Roca, by John P. Frank and Mary M. Schroeder, Phoenix, for appellee and cross-appellant Stewart Title and Trust of Phoenix.


OPINION

HAIRE, Presiding Judge.

The basic question raised on this appeal is whether the trial judge erred when he granted the defendants' motions for directed verdicts, thereby denying plaintiffs any relief on their complaint. Subsidiary to the basic question are issues relating to election of remedies, the legal requirements for proving a claim for relief based upon innocent or negligent misrepresentations, and the sufficiency of the evidence in support of...

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