CHIRCO CONST. CO. v. STEWART TITLE & TRUST

No. 2 CA-CIV 3833.

129 Ariz. 187 (1981)

629 P.2d 1023

CHIRCO CONSTRUCTION COMPANY, INC., an Arizona Corporation, Third Party Plaintiff/Appellant, v. STEWART TITLE AND TRUST OF TUCSON, as Trustee under Trust No. 0500; Terrace Development Co., Inc.; and William Smitherman, Personal Representative of the Estate of William G. Pickens, Deceased, Third Party Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 20, 1981.

Review Denied June 16, 1981.


Attorney(s) appearing for the Case

Jacob Leon Siken by Carl M. Tootle, Tucson, for third party plaintiff/appellant.

Donald Estes, for third party defendants/appellees.


OPINION

HATHAWAY, Chief Judge.

In this appeal we are asked to decide whether appellees (third party defendants below) were properly dismissed from an action brought against them by appellant (third party plaintiff below).

In April 1971, appellant Chirco sold a house it had constructed to Mr. and Mrs. Woodward, plaintiffs below. After the Woodwards moved into the house, the land underneath it began to settle, causing damage to the house. The Woodwards...

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