CARRELL v. MILLER

No. 2 CA-CIV 2549.

117 Ariz. 315 (1977)

572 P.2d 449

William H. CARRELL, Appellant, v. Theron A. MILLER and Patricia L. Miller, husband and wife, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 5, 1977.


Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta & Childers, P.C., by Donald J. Oppenheim and Gary F. Howard, Tucson, for appellant.

Lawrence P. D'Antonio, Tucson, for appellees.


OPINION

HOWARD, Chief Judge.

On March 12, 1975, William Carrell and Ruby Carrell, husband and wife, entered into a deposit and receipt agreement with the Millers wherein the Carrells agreed to purchase a house and lot from them for the sum of $125,000. The sale was to close on September 12, 1975. Prior to the date of closing the Carrells paid appellees $70,000 towards the purchase price. The Carrells, who lived in Ohio, became embroiled in marital difficulties...

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