No. 2 Ca-Civ 3928.

130 Ariz. 371 (1981)

636 P.2d 149

Robert MISCIONE and Elizabeth Miscione, husband and wife, Plaintiffs/Appellants, v. Barry R. BISHOP and Gail L. Bishop, husband and wife, jointly and severally; William W. Meyers and Transamerica Title Company, jointly and severally, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

October 20, 1981.

Attorney(s) appearing for the Case

Mary Anne Peters, Tucson, for plaintiffs/appellants.

Greenwood, Ryan, Herbolich & Attonna, Ltd. by Michael J. Herbolich and Wallace R. Hoggatt, Douglas, for defendants/appellees Transamerica and Meyers.

Robert Morrison, Sierra Vista, for defendants/appellees Bishop.


HATHAWAY, Chief Judge.

This is an appeal from the denial of a motion for new trial after a trial involving the incorrect execution of a promissory note.

In 1972, appellants (the Misciones) agreed to sell an unimproved lot to appellees (the Bishops). The Bishops agreed to pay $3,000 down and to give a mortgage securing a promissory note in which they would be obligated to pay the remaining purchase price as follows: One-tenth of the principal...

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