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MILLER v. CRAIG

No. 1 CA-CIV 3105.

27 Ariz. App. 789 (1976)

558 P.2d 984

George W. MILLER and Johanna Miller, his wife, Appellants, v. Harry E. CRAIG, Appellee.

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

Rehearing Denied January 6, 1977.

Petition for Review Denied January 25, 1977.

Attorney(s) appearing for the Case

Rawlins, Ellis, Burrus & Kiewit by Chester J. Peterson, Phoenix, for appellants.

J. David Rich, Phoenix, for appellee.

OPINION

NELSON, Judge.

This action was brought by the plaintiffs, George W. Miller and his wife, Johanna Miller (appellants here), to recover $5,000.00 in earnest money deposited in escrow with the defendant, Harry E. Craig (appellee here). The Millers' claim was based on alternate theories of conversion and breach of fiduciary duty. On appeal they seek reversal of a summary judgment granted in favor of Craig and allege error in the trial court's failure to...

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