NORTON v. FIRST FEDERAL SAV.

No. 14685.

128 Ariz. 176 (1981)

624 P.2d 854

Daniel F. NORTON and Jacqueline T. Norton, husband and wife; Leo Crowley and Mary Ellen Crowley, husband and wife, Appellants, v. FIRST FEDERAL SAVINGS, a corporation, Appellee.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 3, 1981.


Attorney(s) appearing for the Case

Leo Crowley, Flagstaff, for appellants.

Mangum, Wall, Stoops & Warden by Robert W. Warden, Flagstaff, for appellee.


GORDON, Justice:

Plaintiffs/appellants entered into agreements on July 21, 1974, to purchase from Clyde Hutcheson three subdivision lots in Pinecrest Terrace Unit Six in the City of Flagstaff. As required by city ordinance, Hutcheson had posted a performance bond on August 7, 1973, with First Federal Savings as surety, to guarantee construction of off-site improvements on these lots. Following several extensions granted Hutcheson to perform on the bond, plaintiffs...

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