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CONGRESS INDUS., INC. v. FED. LIFE INS. CO.

No. 1 CA-CIV 3137.

114 Ariz. 361 (1977)

560 P.2d 1268

CONGRESS INDUSTRIES, INC., an Arizona Corporation, Maricopa Ventures, Inc., an Arizona Corporation, Bag Nap, Inc., an Arizona Corporation, Richard S. Berry and Jean Berry, husband and wife, Seymour J. Tash and Joy Tash, husband and wife, and Gerald Barnes and Shirley Barnes, husband and wife, Appellants, v. FEDERAL LIFE INSURANCE COMPANY (MUTUAL), an Illinois Corporation, Appellee.

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

Rehearing Denied February 16, 1977.

Review Denied March 15, 1977.

Attorney(s) appearing for the Case

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

Streich, Lang, Weeks, Cardon & French by Michael A. Yarnell, Phoenix, for appellee.

OPINION

SCHROEDER, Judge.

This is an action for foreclosure of a mortgage. The essential question is whether there was a default on the part of the mortgagor when payment of a check representing three months' installments was stopped by the title company which drew the check. The trial court entered a summary judgment of foreclosure, and the mortgagor appeals.

The facts are that in April 1973, Fort Wayne...

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