LYONS v. PHILIPPART

No. 2 CA-CIV 4802.

140 Ariz. 36 (1983)

680 P.2d 172

Dan J. LYONS and Bettina O'N Lyons, husband and wife, Plaintiffs/Appellants, v. Rene PHILIPPART and Patricia H. Philippart, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Review Denied March 6, 1984.


Attorney(s) appearing for the Case

Feldman, Mendelsohn & Oseran, P.C. by Michael B. Mance and Richard Oseran, Tucson, for plaintiffs/appellants.

Russo, Cox, Dickerson, Butler & Russo, P.C. by Karl MacOmber, Tucson, for defendants/appellees.


OPINION

HATHAWAY, Judge.

Plaintiffs/appellants (sellers) were granted their motion for summary judgment on the issue of liability in this action for breach of contract for the purchase of real property. The issue of damages was tried to the court without a jury. Sellers contend that the trial court erred in not awarding consequential and incidental damages.

On August 16, 1980, the parties executed a deposit receipt and agreement for the purchase of...

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