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JENNEY v. LAVEY

No. 2 CA-CIV 5343.

148 Ariz. 275 (1985)

714 P.2d 445

C. Philip and Janet JENNEY, husband and wife, Plaintiffs/Appellees, v. D.J. LAVEY and Ellen Jean Lavey, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

Rehearing Denied November 12, 1985.

Review Denied February 12, 1986.

Attorney(s) appearing for the Case

Johnston & Grynkewich by Gary S. Grynkewich, Tucson, for plaintiffs/appellees.

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

OPINION

LACAGNINA, Judge.

In this case C. Philip Jenney and Janet Jenney, husband and wife, (Jenney) entered into a deposit receipt and sales agreement with Tom Caldwell on September 21, 1979, for the sale of a residence. Caldwell executed a demand note for $10,000 payable to Minnesota Title Company, the escrow agent, given as a deposit in connection with a sales agreement between Jenney and Minnesota Title Trust...

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