FORSBERG v. DAY

No. 2 CA-CIV 3602.

127 Ariz. 308 (1980)

620 P.2d 223

Delbert A. FORSBERG and Margery L. Forsberg, husband and wife, Plaintiffs/Appellants, v. Barbara Mellick DAY and Guy Carlton Mellick, as Personal Representatives of the Estate of Carlton Mellick, Deceased, and Barbara Mellick Day and Guy Carlton Mellick, as Trustees of a Trust established under the Will of Carlton Mellick, Deceased, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 19, 1980.

Review Denied December 9, 1980.


Attorney(s) appearing for the Case

Holesapple, Conner & Johnson by A.O. Johnson and James F. Bly, Tucson, for plaintiffs/appellants.

Fish, Briney, Duffield, Miller, Young & Adamson, P.C., by Richard Duffield, Tucson, for defendants/appellees.


OPINION

RICHMOND, Judge.

This is an appeal from a summary judgment in favor of defendants in an action for quiet title or specific performance of an oral agreement for the sale of real property. Without deciding whether the parties ever entered into such as agreement, the trial court found the action was barred in any event by the statute of frauds, A.R.S. § 44-101. We affirm.

The parties agree (1) that at most there was an oral agreement and...

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