No. 2 CA-CIV 3427.

125 Ariz. 519 (1980)

611 P.2d 106

The RUCK CORPORATION, an Arizona Corporation, Plaintiff/Appellee/Cross Appellant, v. John WOUDENBERG and Myrna Woudenberg, husband and wife, Defendants/Appellants/Cross Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 9, 1980.

Review Denied May 6, 1980.

Attorney(s) appearing for the Case

Franklin & Feulner by George J. Feulner, Tucson, for plaintiff/appellee/cross appellant.

Paul M. Rybarsyk, Scottsdale, for defendants/appellants/cross appellees.


HOWARD, Judge.

The Ruck Corporation (Ruck) entered into a written contract for the construction of a commercial building on the land owned by the Woudenbergs. Neither party was liable under the contract until the Woudenbergs secured 100% financing approved by Ruck.

The Woudenbergs applied to the Union Bank for a construction loan and were eventually notified that the bank had approved a loan. Believing that the loan approved by the bank complied...

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