FRUTH v. DIVITO

No. 1 CA-CIV 2720.

26 Ariz. App. 154 (1976)

546 P.2d 1163

Dale G. FRUTH, a single man, and Goebel Realty, Inc., an Arizona Corporation, Appellants, v. Louis N. DIVITO and Doris Divito, his wife, and Kenneth D. Osborn and Judith Ann Osborn, his wife, Appellees.

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

Rehearing Denied April 21, 1976.

Review Denied May 11, 1976.


Attorney(s) appearing for the Case

Biaett & Bahde, by Kenneth Biaett, Phoenix, for appellants.

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

Skousen, McLaws & Skousen, P.C., by Richard E. Skousen, Mesa, for appellees Osborn.


OPINION

EUBANK, Judge.

This appeal presents the question whether certain defenses were raised sufficiently in advance of trial to have allowed them to be considered by the trial court when it directed a verdict in defendants' (appellees') favor.

The appellees, the DiVitos and the Osborns, owned certain contiguous parcels of undeveloped realty which they listed for sale exclusively with appellant Goebel Realty, Inc. The property was sold with the understanding...

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