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WOLIANSKY v. MILLER

No. 2 CA-CIV 4265.

135 Ariz. 444 (1983)

661 P.2d 1145

Barry S. WOLIANSKY, Plaintiff/Appellant, v. T.A. MILLER and Albino Pugliani, dba Galaxy Manufacturing Co., and dba Galaxy Homes; and Anthony Narducci and Beatrice Narducci, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 1, 1983.

Review Denied April 5, 1983.

Attorney(s) appearing for the Case

John Wm. Johnson and Margrit Cromwell, Tucson, for plaintiff/appellant.

Kimble, Gothreau, Ryan, Nelson & Cannon, P.C. by Carmine A. Brogna, and Michael J. Vingelli, Tucson, for defendants/appellees.

OPINION

HATHAWAY, Judge.

In this lawsuit, appellant seeks specific performance of a contract to convey lot 16 in a subdivision known as Golden West Villas, or, in the alternative, damages for breach of contract. He also seeks damages due to the delayed conveyance of two other parcels of real property in the same development. The trial court, sitting without a jury, denied specific performance of the contract for sale of lot 16 and refused to award the appellant...

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