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AUTENREITH v. NORVILLE

No. 2 CA-CIV 3481.

127 Ariz. 456 (1980)

622 P.2d 15

Lawrence H. AUTENREITH, and Mary Lou Autenreith, husband and wife, Plaintiffs/Appellants/Cross Appellees, v. Allan J. NORVILLE and Alfena Norville, husband and wife, and Financial Associates, Inc., a corporation, Defendants/Appellees/Cross Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 22, 1980.

Review Granted September 9, 1980.

Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C., by John F. Molloy and D. Michael Mandig, Tucson, for plaintiffs/appellants/cross appellees.

Miller, Pitt & Feldman, P.C., by Gerald Maltz and Robert A. Fortuno, Tucson, for defendants/appellees/cross appellants.

OPINION

RICHMOND, Judge.

Appellants' action to rescind their purchase of a liquor store and appellees' counterclaim for the unpaid purchase price were tried to a jury, which returned a verdict for appellees. After first entering judgment on the verdict, the trial court granted appellants' motion for new trial based on erroneous jury instructions. Subsequently, however, on appellees' motion, the order granting a new trial was vacated.

Appellants concede...

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