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HILL-SHAFER PARTNERSHIP v. CHILSON FAMILY TRUST

No. CV-89-0342-PR.

165 Ariz. 469 (1990)

799 P.2d 810

The HILL-SHAFER PARTNERSHIP, an Arizona general partnership; Daniel W. Hill and Craig Shafer, Plaintiffs Counter-defendants, Appellants Cross-Appellees, v. The CHILSON FAMILY TRUST, dated July 27, 1979 and amended April 22, 1985, Ernest Chilson and Evelyn B. Chilson, Trustees; First American Title Insurance Agency of Coconino, Inc., an Arizona corporation, Defendants Counter-claimants, Appellees Cross-Appellants.

Supreme Court of Arizona, En Banc.

Reconsideration Denied November 6, 1990.

Attorney(s) appearing for the Case

Lewis and Roca by John P. Frank and Dioguardi, Poli & Ball, Ltd. by Michael N. Poli, Phoenix, for The Hill-Shafer Partnership, Daniel W. Hill and Craig Shafer.

Fennemore Craig, P.C. by James Powers, Nancy L. Rowen and Loral L. Deatherage, Phoenix, for The Chilson Family Trust, Ernest Chilson and Evelyn B. Chilson.

OPINION

MOELLER, Justice.

JURISDICTION

A buyer1 sued for specific performance of a contract for the sale of land. The seller counterclaimed, seeking rescission of the contract. The trial court held there was a lack of mutual assent and granted summary judgment to the seller. The court of appeals reversed, holding that the facts did not present an issue of lack of mutual assent, but remanded for further proceedings on a...

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