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MILLER v. UHRICK

No. 18189-PR.

146 Ariz. 511 (1985)

707 P.2d 309

Clayton K. MILLER, III, an unmarried man for himself and as Guardian for Michelle Katherine Miller, Plaintiff/Appellant/Cross-Appellee, v. Susan UHRICK, an unmarried woman and Title Insurance Company of Minnesota, doing business in Arizona as a Corporation, Defendants/Appellees/Cross-Appellants.

Supreme Court of Arizona, En Banc.

September 25, 1985.

Attorney(s) appearing for the Case

Kathleen McCarthy, Tucson, for plaintiff/appellant.

Waterfall, Economidis, Caldwell & Hanshaw, P.C. by Steven Cox, Tucson, for defendants/appellees.

HOLOHAN, Chief Justice.

We granted review in this case to resolve an issue which evaded our review in Sanson v. Gonzales, 141 Ariz. 633, 688 P.2d 641 (1984). The issue is presented again in this case: What is the effect of a clause which provides for nonwaiver of time is of the essence provision in a deed of trust when the holder accepts late payments?

The resolution of the above...

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