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AZTLAN LODGE NO. 1 v. RUFFNER

No. 1 CA-CIV 8782.

155 Ariz. 163 (1987)

745 P.2d 611

AZTLAN LODGE NO. 1, FREE AND ACCEPTED MASONS OF PRESCOTT, Arizona; Ronald L. Wright, Chairman of the Board of Trustees, Ronald L. Wright, Eugene Hunt, Howard Cottle, Sylvester Bufkin and Edward Lee, Defendants Counter-claimants and Third Party Plaintiffs-Appellees, v. Elizabeth RUFFNER, aka Betty Ruffner, Third Party Defendant-Appellant, James Thomas, dba The Brokerage House, Third Party Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

Reconsideration Granted September 11, 1987.

Review Denied November 17, 1987.

Attorney(s) appearing for the Case

Favour, Weaver, Moore & Schuyler, P.A. by David K. Wilhelmsen, Prescott, for third party defendant-appellant Ruffner.

Toci, Murphy & Beck by Michael R. Murphy, Robert M. Brutinel, Scott M. McNamara, Prescott, for third party defendant-appellant Thomas.

Walraven & Roberts by Richard Walraven, Prescott, for defendants counterclaimants and third party plaintiffs-appellees.

OPINION

SHELLEY, Judge.

This appeal involves a third party action by a seller against a real estate broker and his agent for indemnification for damages incurred in a real estate transaction. One of the issues on appeal is: did the court err in refusing to instruct the jury on contributory negligence? We find that the court erred in refusing to instruct the jury on contributory negligence. In view of our finding on this issue, it is unnecessary to rule on...

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