HARPER v. HOME INSURANCE COMPANY

No. 2 CA-CIV 1764.

23 Ariz. App. 348 (1975)

533 P.2d 559

Donald HARPER et al., Appellants, v. HOME INSURANCE COMPANY, a Foreign Corporation, Appellee.

Court of Appeals of Arizona, Division 2.

April 2, 1975.


Attorney(s) appearing for the Case

Messing, Franklin & Feulner, P.C. by William Messing and George J. Feulner, Jr., Tucson, for appellants.

Jennings, Strouss & Salmon by Lee E. Esch, Phoenix, for appellee.


OPINION

HATHAWAY, Judge.

Appellants recovered a judgment in an action based on fraud against Parkwood Mobile Home Sales, Inc. in the aggregate sum of $1,100.00 actual damages and $6,000.00 punitive damages. Their efforts to collect from the judgment debtor were unsuccessful whereupon they instituted suit against appellee as surety upon Parkwood's Motor Vehicle Dealer's license bond. Cross motions for summary judgment were filed by appellants and appellee....

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