NELSON v. CANNON

No. 1 CA-CIV 4906.

126 Ariz. 381 (1980)

616 P.2d 56

Ted D. NELSON, Plaintiff-Appellant, v. M. Dalton CANNON, Jr., and Jane Doe Cannon, his wife; J.P.K., Inc., an Arizona Corporation; and Margaritis Enterprises, a limited partnership, Defendants-Appellees.

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

Rehearing Denied April 30, 1980.

Review Denied September 11, 1980.


Attorney(s) appearing for the Case

Killian, Legg, Nicholas & Fischer by Charles W. Wirken, Mesa, and Stradling, Yocca, Carlson & Rauth by M. Stephen Coontz, Newport Beach, Cal., for plaintiff-appellant.

Roush, Mori & Welch by Foster G. Mori, Joseph T. Tadano, Phoenix, and Lewis & Roca by Paul G. Ulrich, Patricia K. Norris, Phoenix, for defendants-appellees.


FROEB, Presiding Judge.

This lawsuit is for specific performance of a contract to convey an apartment complex in Phoenix, Arizona. The decision on review is the order of the trial court granting summary judgment in favor of the seller and against the buyer on the ground that there exists no triable issue of fact and the seller is entitled to judgment as a matter of law. We find the trial court erred in this determination and reverse the judgment.

By reason...

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