No. 1 CA-CIV 3790.

125 Ariz. 85 (1978)

607 P.2d 962

Gordon G. BOULDIN, Appellant, v. Charles B. TUREK and Gerry L. Jones, Appellees.

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

Review Denied October 5, 1978.

Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A., by Gerald Gaffaney, Phoenix, for appellant.

Daughton, Feinstein & Wilson by R. Stewart Halstead, Phoenix, for appellees.


HAIRE, Presiding Judge.

The only issue raised in this appeal is whether the sellers' right to forfeit the buyer's interest under an agreement for the sale of real property was waived by reason of a mortgagee's acceptance of mortgage payments.

The buyer (appellant) filed an action to set aside a completed forfeiture of his interest in the subject real property. After discovery, cross motions for summary judgment were filed, and the trial court...

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