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FREEDMAN v. CONTINENTAL SERV. CORP.

No. 1 CA-CIV 4573.

127 Ariz. 540 (1980)

622 P.2d 487

Stewart S. FREEDMAN and George Guckenberger, III, Plaintiffs-Appellees and Cross-Appellants, v. CONTINENTAL SERVICE CORPORATION, an Arizona Corporation; and The First National Bank of Arizona, a National Banking Association as Trustee under its Trust No. 10-40-3436-0, Defendants-Appellants and Cross-Appellees.

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

Rehearing Denied October 20, 1980.

Review Denied November 4, 1980.

Attorney(s) appearing for the Case

Kaplan, Kaplan, Jacobowitz & Hendricks, P.A. by Henry Jacobowitz, Phoenix, for plaintiffs-appellees and cross-appellants.

Jennings, Strouss & Salmon by Thomas J. Trimble, Phoenix, for defendant-appellant and cross-appellee Continental Service Corp.

Fennemore, Craig, von Ammon & Udall by Francis J. Slavin, Jr. and Patrick Wm. Paterson, Phoenix, for defendant-appellant and cross-appellee First Nat. Bank of Arizona.

OPINION

FROEB, Presiding Judge.

This case involves a forfeiture of the buyer's interest in a land contract referred to as a subdivision trust agreement. The main issue is whether the trial court can exercise its equitable power to invalidate a forfeiture which complied with all applicable legal requirements. A related question is whether notices mailed to but not received by the buyer are sufficient to sustain the forfeiture.

The contract involved...

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