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ZORK HARDWARE CO. v. GOTTLIEB

No. 2 CA-CV 91-0064.

170 Ariz. 5 (1991)

821 P.2d 272

ZORK HARDWARE COMPANY, a corporation, Plaintiff/Appellant, v. Richard M. GOTTLIEB and Eileen Gottlieb, husband and wife, Defendants/Appellees.

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

November 7, 1991.

Attorney(s) appearing for the Case

Kevin John Witasick and Associates by Kevin John Witasick and William Knoche, Phoenix, for plaintiff/appellant.

Little, Siegel & Bellovin by Robert Douglas Little, Tucson, for defendants/appellees.

OPINION

LIVERMORE, Chief Judge.

Richard and Eileen Gottlieb were married in 1948. In 1982 Mr. Gottlieb, without his wife's consent, guaranteed the debts of a hardware store in Tucson to plaintiff Zork Hardware Company. When the store defaulted, Zork obtained a $250,000 judgment against Mr. Gottlieb in Texas. In compromise of that judgment, Zork took a $35,000 promissory note from Mr. Gottlieb, again without his wife...

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