MURRY v. WESTERN AMERICAN MORTG. CO.

No. 2 CA-CIV 3188.

124 Ariz. 387 (1979)

604 P.2d 651

John A. MURRY and Janet H. Murry, husband and wife, Plaintiffs/Appellants, v. WESTERN AMERICAN MORTGAGE COMPANY, an Arizona corporation; Western American Realty and Investment Company, an Arizona corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 5, 1979.

Review Denied January 3, 1980.


Attorney(s) appearing for the Case

Sando & Hardy by David T. Hardy, Tucson, for plaintiffs/appellants.

Ryley, Carlock & Ralston by N. Warner Lee, Phoenix, for amicus curiae, Ariz. Mortg. Bankers Ass'n.

Warner & Angle by Charles R. Hallam, Phoenix, for Western American Realty & Inv. Co.

Cusick, Watkins, Stewart, Harris & Ellermann by Donald R. Ellermann, Tucson, for Western American Mortg. Co.


OPINION

RICHMOND, Chief Judge.

This is an appeal from judgments dismissing appellants' complaint against Western American Mortgage Company (WAMCO) and amended complaint against Western American Realty & Investment Company (WARCO) in an action for damages as a result of purchasing a defectively constructed house. The court dismissed the complaint against WAMCO for failure to state a claim and denied appellants' oral motion to amend. The court allowed appellants...

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