MAMMAS v. ORO VALLEY TOWNHOUSES, INC.

No. 2 CA-CIV 4033.

131 Ariz. 121 (1981)

638 P.2d 1367

George MAMMAS and Mary Mammas, husband and wife, Plaintiffs/Appellants, v. ORO VALLEY TOWNHOUSES, INC., an Arizona corporation; and Realty Executives of Tucson, an Arizona corporation; and Donald R. Rossi and Donna D. Rossi, husband and wife; and Tucson Realty and Trust Co., an Arizona corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

December 15, 1981.


Attorney(s) appearing for the Case

Johnston & Grynkewich by Gary S. Grynkewich, Tucson, for plaintiffs/appellants.

Lesher, Kimble & Rucker, P.C. by Robert O. Lesher, Tucson, for defendants/appellees.


OPINION

BIRDSALL, Judge.

Plaintiffs/appellants appeal from the trial court's dismissal of their action by directed verdict in favor of defendants/appellees at the close of the plaintiffs' evidence. They claim that this ruling was error. We agree and reverse.

The appellants' complaint contained three counts — the first and second counts sought the same damages on two different theories, breach of contract and fraud. The third count sought other...

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