GAINOK v. FEATHERSON

No. 2 CA-CIV 4111.

131 Ariz. 421 (1982)

641 P.2d 909

Rudolph J. GAINOK and Jeannette P. Gainok, husband and wife, Plaintiffs/Appellants, v. L. FEATHERSON, aka L. Featherston, aka Lodema Sellars, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

February 22, 1982.


Attorney(s) appearing for the Case

Joseph R. McDonald, P.C., Tucson, for plaintiffs/appellants.

Watt & Cohen by Melvin C. Cohen, Tucson, for defendant/appellee.


OPINION

HATHAWAY, Judge.

This appeal challenges the trial court's conclusion that the signer of a promissory note was not personally liable on the note.

Plaintiffs, the Gainoks, agreed to sell their commercial property and business to defendant Glen Sumner, who made the earnest money deposit with a check drawn by defendant Lodema Sellars (aka L. Featherston). Before closing, Sumner assigned his interest in the transaction to Sellars. Sellars subsequently...

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