JUSTUS v. CLELLAND

No. 2 CA-CIV 4195.

133 Ariz. 381 (1982)

651 P.2d 1206

Lane D. JUSTUS, Plaintiff/Appellee, v. Glenn E. CLELLAND and Barbara L. Clelland, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 20, 1982.

Review Denied September 22, 1982.


Attorney(s) appearing for the Case

Hecker & Phillips by Thomas M. Pace, Tucson, for plaintiff/appellee.

Jack J. Rappeport, Tucson, for defendants/appellants.


HOWARD, Chief Judge.

The action below was for specific performance of a land contract and for damages. The case was tried to an advisory jury which answered specific interrogatories submitted to it. The trial court awarded appellee specific performance and damages.

Appellants contend that specific performance was not available to appellee because (1) a co-tenant cannot sell his undivided share of the common property without the consent of the other co-tenants...

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