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ROSE v. DOBRAS

No. 2 CA-CIV 3655.

128 Ariz. 209 (1981)

624 P.2d 887

H. Barry ROSE, a married man, but dealing with his sole and separate property, Plaintiff/Appellant, v. Darryl B. DOBRAS, a married man, but dealing with his sole and separate property; Reesor and Nancy Woodling, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 28, 1981.

Review Denied March 3, 1981.

Attorney(s) appearing for the Case

Slutes, Browning, Zlaket & Sakrison, P.C. by D. Tom Slutes and Ronald E. Curry, Tucson, for plaintiff/appellant.

Stompoly & Even, P.C. by John Patrick Lyons, Tucson, for defendants/appellees.

OPINION

HATHAWAY, Chief Judge.

Appellant (seller) brought suit against appellees (buyers) alleging failure to pay the fee for an orchard management agreement entered into between the parties. Buyers counterclaimed and filed a third-party complaint which was settled. At trial to the court without a jury, the counterclaim was limited to securities fraud and breach of the management agreement. Buyers' proposed findings and conclusions were adopted with some changes...

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