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SMITH v. MELSON, INC.

No. 2 CA-CIV 4107.

135 Ariz. 134 (1982)

659 P.2d 1279

John E. SMITH and Mary Lou Smith, his wife, Plaintiffs/Appellants, v. MELSON, INC., an Arizona corporation; Joseph Fallini, the State Land Commissioner; and Arizona State Land Department, an Agency of the State of Arizona, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Review Granted June 22, 1982.

Attorney(s) appearing for the Case

Ellis & Baker, P.C. by William D. Baker and Robert S. Porter, Phoenix, for plaintiffs/appellants.

Black, Robertshaw, Frederick, Copple & Wright, P.C. by Frederick O. Robertshaw, Phoenix, for defendant/appellee Melson.

Robert K. Corbin, Atty. Gen. by Kathy W. Rand, Asst. Atty. Gen., Phoenix, for defendants/appellees Fallini and State Land Dept.

OPINION

HATHAWAY, Judge.

The issue in this appeal is the proper interpretation of a contract for the purchase of realty.

Appellants (the Smiths) negotiated to buy a ranch from Lazy V-P Ranches, Inc. About 600 acres of this ranch was the subject of negotiations for a land exchange between Lazy V-P and the state land department. The Smiths were told of this proposed exchange but offered to buy the ranch nevertheless. The sale was dealt with in two separate...

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