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APACHE PLAYTIME, INC. v. UNIVERSAL PLAYTIME, INC.

No. 1 CA-CIV 2913.

27 Ariz. App. 178 (1976)

552 P.2d 767

APACHE PLAYTIME, INC., an Arizona Corporation, and Arnold G. Mies, dealing with his sole and separate property, Appellants, v. UNIVERSAL PLAYTIME, INC., an Arizona Corporation, R. James LaMarche and Jane Doe LaMarche, his wife, and Alton G. Milstead and Jane Doe Milstead, his wife, Appellees.

Court of Appeals of Arizona, Division 1.

July 20, 1976.

Attorney(s) appearing for the Case

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

Hill & Savoy, by Dennis J. Curran, Phoenix, for appellees.

OPINION

HATHAWAY, Judge.

Appellants claim that the trial court improperly denied them a jury trial. We agree and therefore reverse.

Appellants-plaintiffs filed their original complaint on January 21, 1974, asserting against appellees-defendants five specific claims for relief, three pertaining to appellant Apache Playtime and two pertaining to appellant Mies. The complaint as to both appellants sought damages for fraud in that the appellees allegedly...

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