CHRISTY v. HOKE

No. 2 CA-CIV 3591.

127 Ariz. 169 (1980)

618 P.2d 1095

Robert Allen CHRISTY and Vickie Jo Christy, husband and wife, and Mones Jack Pleason and Ann B. Pleason, husband and wife, Plaintiffs/Appellees, v. Jay HOKE, a single man, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 8, 1980.

Review Denied October 28, 1980.


Attorney(s) appearing for the Case

Higgins & Sinema by Dan A. Sinema, Tucson, for plaintiffs/appellees.

Lesher, Kimble & Rucker, P.C. by Monte C. Clausen, Tucson, for defendant/appellant.


OPINION

HATHAWAY, Chief Judge.

Plaintiffs/appellees brought this suit against defendant/appellant in two counts. In count one, they alleged that appellant had breached an oral agreement under which appellees were to receive an easement for a septic system across appellant's land. In count two, appellees alleged a right to a private way of necessity pursuant to A.R.S. Sec. 12-1202.

The trial court, sitting without a jury, found that there was an agreement...

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