ANGLE v. MARCO BUILDERS, INC.

No. 14693.

128 Ariz. 396 (1981)

626 P.2d 126

Chris J. ANGLE and Sue Ellen Angle, husband and wife, Appellants, v. MARCO BUILDERS, INC., an Arizona Corporation; Gene H. Ashton and Jane Doe Ashton, his wife; Keith Morris and Jane Doe Morris, his wife; Lawyers Title of Arizona, an Arizona Corporation, Appellees.

Supreme Court of Arizona, In Division.

February 26, 1981.


Attorney(s) appearing for the Case

Udall, Shumway, Blackhurst, Allen, Bentley & Lyons by Barry C. Dickerson and Clark R. Richter, Mesa, for appellants.

Morris & Walker by Dan R. Morris, Phoenix, for appellees.


HAYS, Justice.

This appeal arises out of the nonperformance of a real estate purchase contract. We take jurisdiction pursuant to 17A A.R.S. Rules of Civil Appellate Procedure, rule 19(e). The order of the trial court granting summary judgment for Marco Builders, Inc., defendant-appellee, is reversed and we remand this case for a trial on the merits consistent with this opinion. After construing the facts from the record in a light most favorable to the Angles, the...

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