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ORACLE FOOTHILLS ESTATES v. SMIRA, OLIVER

No. 2 CA-CIV 5322.

146 Ariz. 529 (1985)

707 P.2d 327

ORACLE FOOTHILLS ESTATES, INC. an Arizona corporation, Plaintiff/Appellant, v. SMIRA, OLIVER AND ASSOCIATES, an Arizona corporation; and MCS Collection Services, Inc., a corporation, Defendants/Appellees.

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

Review Denied October 8, 1985.

Attorney(s) appearing for the Case

Mesch, Clark & Rothschild, P.C. by Douglas H. Clark, Jr. and Jonathan Rothschild, Tucson, for plaintiff/appellant.

John W. Acer, Phoenix, Dennis L. Parrott, Ltd., Tucson, for defendants/appellees.

OPINION

BIRDSALL, Presiding Judge.

On January 14, 1982, Oracle Foothills Estates, Inc. agreed to sell and Smira, Oliver and Associates agreed to purchase a certain parcel of land near the intersection of Rudasill and Oracle roads in Pima County for $600,000. The written deposit receipt and purchase agreement acknowledged the receipt by Oracle Foothills of a check for $25,000 as earnest money and part of the purchase price. The agreement set closing for February...

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