CAL FED PARTNERS v. HEERS

2 CA-CV 87-0229.

156 Ariz. 245 (1987)

751 P.2d 561

CAL FED PARTNERS, a California limited partnership organized and existing pursuant to the laws of the State of California acting By and Through its general partner, CAL FED SYNDICATIONS, a California corporation, Plaintiffs/Appellants, v. Charles Marion HEERS and Marilyn Heers, his wife, Bell Terrace Apartments, an Arizona general partnership, the Heers Family Trust Dated March 16, 1983, acting by and through Charles Marion Heers and Marilyn Heers as co-trustees thereof; the Charles Michael Heers Family Trust Dated April 15, 1983, acting by and through Charles Marion Heers, as trustee thereof, Defendants/Appellees.

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

Reconsideration Denied December 14, 1987.

Review Denied March 30, 1988.


Attorney(s) appearing for the Case

Mohr, Hackett, Pederson, Blakley, Randolph & Haga, P.C. by Arthur W. Pederson, Phoenix, for plaintiffs/appellants.

Carson Messinger Elliott Laughlin & Ragan by Preston H. Longino, Jr., Phoenix, for defendants/appellees.


OPINION

LIVERMORE, Presiding Judge.

Cal Fed Partners, a California limited partnership, purchased for almost $14,000,000 a Phoenix apartment complex from Bell Terrace Apartments, an Arizona partnership composed of two California residents, Charles and Marilyn Heers. All the negotiations for the sale occurred in California, and the witnesses to those negotiations are California residents. The sale agreement, however, provided that it would be construed under...

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