EYMAN v. SOWA

No. 1 CA-CIV 2215.

23 Ariz. App. 588 (1975)

534 P.2d 1087

Dale E. EYMAN, Sr., and Helen E. Eyman, his wife, Appellants, v. Thomas A. SOWA and Gloria M. Sowa, his wife, Appellees.

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

Rehearing Denied June 13, 1975.

Review Denied July 10, 1975.


Attorney(s) appearing for the Case

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

Machmer, Schlosser & Meitz, Ltd., by Gerald A. Machmer, Phoenix, for appellees.


OPINION

HAIRE, Chief Judge, Division 1.

The issues raised on this appeal involve the alleged waiver by a seller of the right to forfeit the interests of the purchaser under a contract for the sale of real property.

The appellants are the successors in interest to the original sellers and the appellees are the successors in interest to the original purchasers. Inasmuch as their rights in this litigation are derived from the original contract of sale...

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