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DOHERTY v. NAIFEH

No. 2 CA-CIV 2947.

120 Ariz. 513 (1978)

586 P.2d 1325

Emmett DOHERTY, Plaintiff-Appellant, v. Joseph M. NAIFEH and Frances J. Naifeh, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 1, 1978.

Review Denied November 21, 1978.

Attorney(s) appearing for the Case

Lesher, Kimble & Rucker, P.C., by Robert O. Lesher, Tucson, for plaintiff-appellant.

Robert C. Rowland, Tucson, for defendants-appellees.

OPINION

HOWARD, Judge.

Appellant filed an action against appellees for rescission of a contract for the purchase of realty on the ground that he had been induced by fraud to enter into the contract. A provision in the contract stated:

"If any suit shall be brought by either party to enforce or cancel this contract, the prevailing party to said suit shall be entitled to recover all costs and expenses necessarily incurred by him in connection...

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