No. 1 CA-CIV 4577.

129 Ariz. 385 (1980)

631 P.2d 540

PINNACLE PEAK DEVELOPERS, a joint venture; Amtitle Trust Co., an Arizona corporation, as Trustee of Trust 6177; Nichimen Co., a New York Corporation; Toyo Real Estate Company, U.S.A., Inc., a California Corporation; Jerry Nelson and Florence E. Nelson, husband and wife, Plaintiffs-Appellees, v. TRW INVESTMENT CORPORATION, an Arizona Corporation, Defendant-Counterclaimant-Appellant.

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

Review Denied November 18, 1980.

Attorney(s) appearing for the Case

Snell & Wilmer by George H. Lyons, Phoenix, for plaintiffs-appellees.

Behrens, MacLean & Jacques, Ltd. by William F. Behrens, Phoenix, for defendant-counterclaimant-appellant.


O'CONNOR, Judge.

Appellees' motion for rehearing of the unpublished Memorandum Decision filed in this case on June 3, 1980, has been granted. Because of the confusion which exists in the judicial opinions in this state and elsewhere on the question of application of the parol evidence rule to allegations of promissory fraud when it contradicts or varies the terms of the written agreement of the parties, we have decided to...

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