SCHMIDT v. MEL CLAYTON FORD, ETC.

No. 1 CA-CIV 4065.

124 Ariz. 65 (1979)

601 P.2d 1349

Louis SCHMIDT and Janice Schmidt, his wife, Appellants, v. MEL CLAYTON FORD, an Arizona corporation; and DOES I-X, Appellees.

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

Rehearing Denied August 28, 1979.

Review Denied October 2, 1979.


Attorney(s) appearing for the Case

H. Jeffrey Coker, Flagstaff, for appellants.

Jennings, Strouss & Salmon by Gary L. Stuart, Neil Vincent Wake, Phoenix, for appellees.


OPINION

WREN, Presiding Judge.

This appeal arises from an action for common law fraud filed by plaintiffs Schmidts (appellants), against defendant Mel Clayton Ford (appellee). The trial court granted appellee's motion for summary judgment and appellants filed a timely notice of appeal. We reverse and remand.

In August, 1976, appellants purchased a "new" 1976 Ford pickup truck from appellee. After the sale...

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