No. 14697.

130 Ariz. 320 (1981)

636 P.2d 98

Frank SMITH and LaDonna Smith, his wife, Appellees, v. CONTINENTAL BANK, an Arizona Corporation, Appellant.

Supreme Court of Arizona, In Division.

October 26, 1981.

Attorney(s) appearing for the Case

Murphy & Posner by Daryl M. Williams, K. Bellamy Brown, Phoenix, for appellant.

Leo Crowley, Flagstaff, for appellees.

HOLOHAN, Vice Chief Justice.

Frank and LaDonna Smith, appellees, filed an action against appellant Continental Bank for rescission of a contract for the purchase of a house. The action, which was tried to the superior court sitting without a jury, resulted in a judgment denying rescission but granting recovery for breach of contract. The bank filed a timely appeal, and the Smiths filed a cross-appeal. This court assumed jurisdiction pursuant to Rule

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