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WOLIANSKY v. MILLER

No. 2 CA-CV 87-0048.

154 Ariz. 32 (1987)

739 P.2d 1349

Barry S. WOLIANSKY, Plaintiff/Appellee, v. T.A. MILLER and Albino Pugliani, d/b/a Galaxy Manufacturing Co., and d/b/a Galaxy Homes, Defendants/Appellants.

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

June 25, 1987.

Attorney(s) appearing for the Case

John Wm. Johnson, Tucson, for plaintiff/appellee.

Kimble, Gothreau, Nelson & Cannon, P.C. by Carmine A. Brogna, Tucson, for defendants/appellants.

OPINION

HOWARD, Presiding Judge.

This is the third time this case has been before us. In Woliansky v. Miller, 135 Ariz. 444, 661 P.2d 1145 (App. 1983), we held that Woliansky, the assignee of the original vendee of a lot and townhouse, was entitled to specific performance of the realty contract or to damages in the event the vendor could not convey the property. In Woliansky v...

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