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BOWCUT v. JAARSMA

No. 15825.

133 Ariz. 544 (1982)

653 P.2d 1

Ariel M. BOWCUT and Opal C. Bowcut, husband and wife, Plaintiffs/Appellants, v. John JAARSMA and Nellie Jaarsma, husband and wife; unknown heirs, if any, of John Jaarsma and unknown heirs, if any, of Nellie Jaarsma, Defendants/Appellees. CONTINENTAL SERVICE CORPORATION, a corporation, Third Party Plaintiff/Appellant, v. Ariel M. BOWCUT and Opal C. Bowcut, husband and wife, Plaintiffs/Appellees, and John Jaarsma and Nellie Jaarsma, husband and wife; unknown heirs, if any, of John Jaarsma and unknown heirs, if any, of Nellie Jaarsma, Defendants/Appellees.

Supreme Court of Arizona, In Division.

Rehearing Denied November 2, 1982.

Attorney(s) appearing for the Case

Gibson & Valentic by Franklin K. Gibson, Mesa, for Bowcut.

Jennings, Strouss & Salmon by Thomas J. Trimble and Allen D. Butler, Phoenix, for Continental Service Corp.

Wolfinger & Lutey by H.J. Wolfinger, Prescott, for Jaarsma.

HAYS, Justice.

In 1962, Ariel M. and Opal C. Bowcut (hereinafter "sellers") sold a dairy consisting of real property, cattle and equipment to John and Nellie Jaarsma (hereinafter "buyers"). The parties executed escrow instructions with Guarantee Title and Trust Company1 in March of 1962 for the sale of the property at a price of $110,000. In April the parties signed an agreement for sale which required a down payment of $50,000 with the...

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