No. 2 CA-CIV 3466.

125 Ariz. 564 (1980)

611 P.2d 568

Zane W. DAY and Rita J. Day, husband and wife, Plaintiffs/Appellants, v. SCHENECTADY DISCOUNT CORPORATION, a New York Corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 23, 1980.

Attorney(s) appearing for the Case

Higgins & Sinema by Dan A. Sinema, Tucson, for plaintiffs/appellants.

Richard J. Hertzberg, Phoenix, for defendant/appellee.


HOWARD, Judge.

The granting of appellee's motion for summary judgment and the denial of one made by appellants is the subject of this appeal. Since the record discloses material issues of fact, we reverse and remand for further proceedings.

On April 28, 1970, the Days bought a mobile home from E-Z Livin' Mobile Sales for the sum of $6,380. They paid $1,275 down and financed the balance under a written retail installment contract which gave...

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