FABRY PARTNERSHIP v. CHRISTENSEN

No. 19885.

794 P.2d 719 (1990)

The FABRY PARTNERSHIP, doing business as S.L.F. Enterprises, Appellant, v. Dean CHRISTENSEN and Elaine Christensen; James Thorley; David Van Wagoner; Wayne Ririe; DDWJ, Inc., a Nevada corporation; Kenneth C. Beard and M. Peggy Beard; Gene L. Bermel and Carol L. Bermel; Marvin Bernstein; Al T. Bruns and Josephine C. Bruns; Merril Bryan and Susan Bryan; Alan w. Busby; Busby, Bernstein & Pokroy; Rual G. Cofer; James W. Godown and Lorraine W. Godown; Allen McConville and Barbara McConville, Trustees of McConville Family Trust U.D.T. 11/8/79; Neville Pokroy; Allen J. Roberts; Jack Scollin and Helen Scollin; Joseph Shalev, Trustee of Joseph Shalev and Batsheva Shalev Living Trust; R. Spiellman; Harold E. Taylor; Frank Wadsworth; Robert J. West and Marjoie A. West; Chauncey J. Wright and Francine Wright; George L. Wright; Jack W. Lycan and Jean Lycan; and Silver Queen Limited Partnership, Respondents.

Supreme Court of Nevada.

June 28, 1990.


Attorney(s) appearing for the Case

Lionel Sawyer & Collins, Charles H. McCrea, Jr. and Paul Bancroft, Las Vegas, for appellant.

Jeffrey Ian Shaner, Elton & Gomes, James R. Ririe, W. Randall Mainor, Bradley J. Richardson and Eric R. Olsen, Las Vegas, for respondents.


OPINION

PER CURIAM:

The facts underlying this appeal are not in dispute. On April 24, 1980, the Silver Queen Motel was sold by appellant The Fabry Partnership (Fabry)1 to the Silver Queen Limited Partnership (the Limited Partnership) for $3,185,000. Approximately $500,000 was paid in cash at the time of the sale and the $2,685,000 balance was secured by a note and deed of trust.

Prior to the sale, on April 1, 1980 a certificate...

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