UNITED BANK OF ARIZONA v. ASHLAND DEV. CORP.

No. 2 CA-CV 89-0173.

164 Ariz. 312 (1990)

792 P.2d 775

UNITED BANK OF ARIZONA, an Arizona corporation; and Dennis A. Rosen, a married man acting in his sole and separate capacity, Plaintiffs/Counterdefendants/Appellants/Cross-Appellees, v. ASHLAND DEVELOPMENT CORPORATION, an Arizona corporation, Defendant/Appellant, and Thomas J. Green and Marcia D. Green, husband and wife, Defendants/Counterclaimants/Appellees/Cross-Appellants.

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

Review Denied June 19, 1990.


Attorney(s) appearing for the Case

Stompoly & Stroud, P.C. by Sally M. Darcy, and Dennis A. Rosen, Tucson, for plaintiffs, counterdefendants, appellants, cross-appellees.

Molloy, Jones & Donahue, P.C. by D. Michael Mandig and George O. Krauja, Tucson, for defendant, appellant.

Lesher & Borodkin, P.C. by Robert O. Lesher, Tucson, for defendants, counterclaimants, appellees, cross-appellants.


OPINION

FERNANDEZ, Chief Judge.

All parties appeal from the trial court's ruling that reformation is unavailable although a mutual mistake occurred and from its refusal to quiet title to real property. We agree the court erred and conclude that reformation should be granted.

Sometime prior to November 1979, William Small purchased three lots in El Encanto subdivision in Tucson from a couple named Mullin. The Mullins lived in a home that had been built...

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