CHOISSER v. EYMAN

No. 1 CA-CIV 2160.

22 Ariz. App. 587 (1974)

529 P.2d 741

Jack CHOISSER, Appellant, v. Dale EYMAN, Sr., and Elizabeth Eerebout, Co-Trustees, Appellees.

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

December 12, 1974.


Attorney(s) appearing for the Case

Cavness & DeRose by Marc C. Cavness, Phoenix, for appellant.

Berry & Herrick, P.A. by Richard S. Berry, Tempe, for appellees.


OPINION

JACOBSON, Chief Judge.

The dispositive question of this case on appeal is whether the refund rights under a water extension agreement passed to the buyer of the property serviced by the water agreement.

In 1964, Choisser, the appellant, undertook to build an apartment building on his property. As there was no water on this property, he entered into an agreement with Deer Valley Utilities, a water supplier, in April of 1964 whereby Deer Valley...

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